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BALBOA INS. CO. v. UNITED STATES

Appeal No. 85-823.

775 F.2d 1158 (1985)

BALBOA INSURANCE COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

October 28, 1985.

Attorney(s) appearing for the Case

Jeff B. Slagle, Atlanta, Ga., argued for appellant. With him on brief was Dewitte Thompson.

Sara V. Greenberg, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for appellee. With her on brief were Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director and Sandra P. Spooner, Washington, D.C.; Susan D. Warshaw, Trial Atty., Dept. of Navy, Washington, D.C., of counsel.

Before RICH and KASHIWA, Circuit Judges, and JACK R. MILLER, Senior Circuit Judge.

JACK R. MILLER, Senior Circuit Judge.

This is an appeal by a Miller Act surety from a partial summary judgment by the Claims Court (No. 6-82C (Oct. 4, 1984)) denying the surety's claim for the recovery of a progress payment of $23,163.50, alleged by the surety to have been improperly paid the prime contractor by the Government after it had notified the Government that the contractor was in default. We vacate and remand for further proceedings.

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