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CAPITOL INDEM. CORP. v. U.S.

No. 93-3633.

41 F.3d 320 (1994)

CAPITOL INDEMNITY CORPORATION, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Third Party Plaintiff-Appellant, v. MT. VERNON TOWNSHIP HIGH SCHOOL DISTRICT 201, Third Party Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 30, 1994.

Rehearing and Suggestion for Rehearing Denied January 23, 1995.

Attorney(s) appearing for the Case

David M. Duree, Thomas J. Burnside (argued), Reinert, Duree & Crane, St. Louis, MO, for Capitol Indem. Corp.

Robert L. Simpkins, Asst. U.S. Atty., Crim. Div., Fairview Heights, IL, Gary R. Allen, David E. Carmack, Patricia M. Bowman (argued), David S. Newman, Richard J. Gagnon, Jr., Dept. of Justice, Tax Div., Appellate Section, Washington, DC, for U.S.

David M. Duree, Bernard A. Reinert, Joseph M. Krutzsch, Thomas J. Burnside (argued), Reinert, Duree & Crane, St. Louis, MO, for Mt. Vernon Tp. High School Dist. 201.

David R. Hendrick, Hendrick, Spanos & Phillips, Atlanta, GA, Richard A. Stockenberg (argued), Donna Frazier, St. Louis, MO, for American Subcontractors Ass'n, amicus curiae and American Subcontractors Ass'n, Midwest Council, amicus curiae.

Before CUMMINGS, FERGUSON, and COFFEY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 23, 1995.

CUMMINGS, Circuit Judge.

This appeal involves competing rights in a "progress payment" earned during the course of an ill-fated construction contract. The payment was designated for the general contractor, levied on by the Internal Revenue Service, and claimed by the completing surety for itself and a host of subcontractors. On cross-motions for summary judgment, the district court found...

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