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AETNA CAS. AND SUR. CO. v. U.S.

No. 87-1412.

845 F.2d 971 (1988)

The AETNA CASUALTY AND SURETY COMPANY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 25, 1988.

Attorney(s) appearing for the Case

Adrian L. Bastianelli, III, Dempsey, Bastianelli, Brown & Touhey, Chartered, Washington, D.C., argued for plaintiff-appellant. With him on the brief was Donald A. Tobin.

Gordon D. Kromberg, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Richard K. Willard, Asst. Atty. Gen. and David M. Cohen, Director.

Before MARKEY, Chief Judge, and NEWMAN and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

The Aetna Casualty and Surety Company (Aetna) appeals the judgment of the United States Claims Court, The Aetna Casualty and Surety Co. v. United States, 12 Cl.Ct. 271 (1987), denying its claim that it is entitled, as a performing surety, to retained funds on three construction contracts between the Naval Facilities Engineering Command (NAVFAC) and Mansfield Contracting Company (Mansfield) for which Aetna had issued payment and performance...

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