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U.S. v. FIDELITY AND DEPOSIT CO. OF MARYLAND

No. 86-1327.

813 F.2d 697 (1987)

UNITED STATES of America for the Use of Texas Bitulithic Company, A Division of Apac-Texas, Inc., Plaintiff-Appellant, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Gulf-Tex Construction Company, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 3, 1987.

Attorney(s) appearing for the Case

J. Douglas Uloth, Mark Alan Calhoun, William A. Smith, Dallas, Tex., for plaintiff-appellant.

J. Albert Kroemer, Susan Laurea, Dallas, Tex., for defendants-appellees.

Before VAN GRAAFEILAND, HIGGINBOTHAM, and JONES, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The United States of America for the use of Texas Bitulithic Company, a division of Apac-Texas, Inc., appeals from two orders of the United States District Court for the Northern District of Texas, Dallas Division (Buchmeyer, J.). The first order dismissed appellant's complaint against Gulf-Tex Construction, Inc. and Fidelity and Deposit Company of Maryland for lack of jurisdiction; the second order, which followed reconsideration of...

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