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UNITED STATES v. SEABOARD SURETY CO.

No. CV 82-0518.

622 F.Supp. 882 (1985)

UNITED STATES of America, Plaintiff, v. SEABOARD SURETY COMPANY and the Home Insurance Company, Defendant and Third-Party Plaintiffs, v. JOSEPH MORTON CO., INC., Joseph J. Battaglia and the Perkins & Will Partnership, Third-Party Defendants.

United States District Court, E.D. New York.

November 25, 1985.

Attorney(s) appearing for the Case

Raymond J. Dearie, U.S. Atty. by Thomas Roberts, Asst. U.S. Atty., Brooklyn, N.Y., for plaintiff.

Hart & Hume, New York City, for defendants/third party plaintiffs.

Bernstein, Weiss, Copland, Weinstein & Lake by Norman Copland, New York City, for third party defendants Perkins & Will.

MEMORANDUM AND ORDER

WEXLER, District Judge.

I.

In September 1976 Joseph Morton Company (Morton), then headed by Joseph Battaglia, was awarded a building contract by the United States government to construct additions to the Plum Island Animal Disease Center on Long Island, New York. Seaboard Surety Company and The Home Insurance Company (the Sureties) issued the performance bond. During the ensuing three years hundreds of modifications were ordered...

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