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MASSACHUSETTS BONDING & INS. CO. v. FAGO CONST. CORP.

Civ. No. 4312.

82 F.Supp. 619 (1949)

MASSACHUSETTS BONDING & INS. CO. v. FAGO CONST. CORPORATION et al.

United States District Court D. Maryland.

February 26, 1949.

Attorney(s) appearing for the Case

Joseph A. Carey, of Washington, D. C., and James K. Cullen, of Baltimore, Md., for plaintiff.

Bert B. Rand, of Washington, D.C., for Fago Const. Corporation.

Bernard J. Flynn, U. S. Atty. and C. Ross McKenrick, Asst. U. S. Atty., both of Baltimore, Md., for Lt. Col. A. C. Welling.

CHESNUT, District Judge.

In this case a surety on a government contract is asserting a lien by equitable subrogation against a government check made payable to the principal, and now held by the local United States District Engineer. The claim of the surety arose from the fact that it has made large payments under the contract for labor and materials which the principal was obliged to pay but could not pay.

The case is very closely patterned on Morganthau...

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