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FIREMAN'S FUND INDEMNITY CO. v. UNITED STATES

No. 44890.

63 F.Supp. 750 (1945)

FIREMAN'S FUND INDEMNITY CO. v. UNITED STATES.

Court of Claims.

November 5, 1945.

Attorney(s) appearing for the Case

Bernard J. Gallagher, of Washington, D. C. (Louis Rosenberg, Herbert M. Rosenberg, and Irving H. Rosenberg, all of New York City, on the brief), for plaintiff.

Gaines V. Palmes, of Washington, D. C., and Francis M. Shea, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON and WHITAKER, Judges.

LITTLETON, Judge.

The items making up plaintiff's claim of $15,213.04, which it insists the defendant illegally charged and withheld, are set forth in finding 7.

The C. & W. Construction Company and the defendant entered into a contract March 27, 1934, for the construction by the C. & W. Co., of twenty-three buildings, including certain utilities, for Army Officers' Quarters at Aberdeen, Md., for $476,900. Plaintiff was surety on the contractor's performance...

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