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

No. 91-2651.

986 F.2d 1110 (1993)

UNITED STATES of America, for the Use and Benefit of TREAT BROTHERS COMPANY, an Illinois Corporation, Plaintiff-Appellee, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a Maryland Corporation and Blinderman Construction Company, Incorporated, an Illinois Corporation, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 23, 1993.

Rehearing and Rehearing Denied March 30, 1993.

Attorney(s) appearing for the Case

Ted H. Crewell, argued, Beckett & Crewell, Champaign, IL, for plaintiff-appellee.

John F. Martin, Dukes, Martin, Helm & Ryan, Danville, IL, Scott F. Turow, argued, Sonnenschein, Nath & Rosenthal, Chicago, IL, for defendants-appellants.

Before COFFEY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 30, 1993.

RIPPLE, Circuit Judge.

Defendant-appellant, Blinderman Construction Company and its surety, Fidelity and Deposit Company of Maryland, appeal from a verdict in favor of Treat Brothers Company on a breach of contract claim arising out of a government contract for construction of a personnel dormitory at Chanute Air Force Base in Rantoul, Illinois. Federal jurisdiction was based on the Miller Act, 40 U.S...

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