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U.S. v. SEABOARD SUR. CO.

Nos. 379, 487, Dockets 86-6145, 86-6163.

817 F.2d 956 (1987)

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

United States Court of Appeals, Second Circuit.

Decided April 27, 1987.

Attorney(s) appearing for the Case

Peter R. Ginsberg, Asst. U.S. Atty. for E.D.N.Y., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty. for E.D.N.Y., Robert L. Begleiter and Thomas B. Roberts, Asst. U.S. Attys., of counsel), for plaintiff-appellee, cross-appellant.

William W. Thompson, Jr., Alexandria, Va., (Michael L. Thomas, Hudson, Creyke, Koehler & Tacke, of counsel), for defendants-appellants, cross-appellees.

Before MANSFIELD, PRATT, and ALTIMARI, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

This appeal arises from the decade-long effort to expand the federal government's facilities for research into animal diseases at Plum Island, a small, federally owned island just off the eastern tip of Long Island's north fork. The appellants, Seaboard Surety Co. and The Home Insurance Co. ("the sureties"), provided a bond pursuant to the Miller Act, 40 U.S.C. § 270a et seq., guaranteeing...

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