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UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES

No. 182-78.

676 F.2d 622 (1982)

UNITED STATES FIDELITY & GUARANTY CO. v. The UNITED STATES.

United States Court of Claims.

April 7, 1982.

Attorney(s) appearing for the Case

Mark B. Goodwin, Washington, D. C., attorney of record, for plaintiff; Steptoe & Johnson, Washington, D. C., of counsel.

Stephen G. Anderson, with whom was Asst. Atty. Gen., J. Paul McGrath, Washington, D. C., for defendant.

Before DAVIS, NICHOLS and BENNETT, Judges.

OPINION

PER CURIAM:

A surety sues the United States to recover a progress payment made, allegedly wrongfully, by the Government to the surety's contractor. After a trial, Trial Judge Fletcher held for the defendant. Plaintiff excepts to the trial judge's opinion, one of his findings, and to his conclusion that the petition should be dismissed. Defendant supports the trial judge, with the exception of footnote 27 in his opinion.

Upon consideration...

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