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SEABOARD SURETY CO. v. UNITED STATES

No. 45519.

67 F.Supp. 969 (1946)

SEABOARD SURETY CO. v. UNITED STATES.

Court of Claims.

October 7, 1946.

Attorney(s) appearing for the Case

Bernard J. Gallagher, of Washington, D. C. (M. Walton Hendry, of Washington, D. C., on the brief), for plaintiff.

E. E. Ellison, of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen. (Robert Burstein, of Washington, D. C., on the brief), for defendant.

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

LITTLETON, Judge.

The only question now pressed in this case is whether plaintiff, as surety on a payment bond given pursuant to the act of August 24, 1935, 49 Stat. 793, 40 U.S. C.A. § 270a et seq., and the requirements of a contract with defendant, had an equitable lien on the portion of the contract price represented by the retained percentage in the hands of defendant after plaintiff had, by reason of the default of the contractor, paid certain claims of...

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