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UNITED STATES v. SOMERS CONSTRUCTION CO.

Civ. A. No. 2086.

184 F.Supp. 563 (1959)

UNITED STATES of America for the use of Morton ROSS, Hyman Gold, and Abe Rudnitsky, trading as Araco Co., and Araco Co., a corporation of the State of New Jersey, Plaintiffs, v. SOMERS CONSTRUCTION CO., Inc., a corporation of the State of Pennsylvania, and Reliance Insurance Company, a corporation of the State of Pennsylvania, Defendants.

United States District Court D. Delaware.

On Motion to Amend Complaint May 3, 1960.

Attorney(s) appearing for the Case

William Duffy, Jr., Herrmann & Duffy, Wilmington, Del., for plaintiffs.

Howard L. Williams, and Henry N. Herndon, Jr., Morris, James, Hitchens & Williams, Wilmington, Del., for defendants.

RODNEY, Senior District Judge.

On June 28, 1956 the United States and defendant Somers Construction Co., Inc., (hereinafter referred to as Somers) entered into a written contract whereby Somers agreed to construct ammunition storage facilities at the Dover Air Force Base, Dover, Delaware.

On the same day, Somers, as principal, and defendant Reliance Insurance Co., formerly known as Fire Association of Philadelphia as surety, gave a standard Government form...

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