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UNITED STATES v. GEER-MELKUS CONSTRUCTION COMPANY

Civ. No. 3828.

195 F.Supp. 362 (1961)

UNITED STATES of America, for the use of BISON CONSTRUCTION CO., a North Dakota corporation, Plaintiff, v. GEER-MELKUS CONSTRUCTION COMPANY, formerly Geer-Maurer Construction Company, a corporation, and Pennsylvania Fire Insurance Company, a corporation, Defendants and Third-Party-Plaintiffs, v. KEMPER CONSTRUCTION COMPANY, a North Dakota corporation, Third-Party-Defendant.

United States District Court D. North Dakota, Northeastern Division.

As Amended July 18, 1961.

Attorney(s) appearing for the Case

Philip B. Vogel, Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., for plaintiff.

Robert Vaaler, Day, Stokes, Vaaler & Gillig, Grand Forks, N. D., for defendants and third-party plaintiffs, Geer-Melkus Constr. Co. and Pennsylvania Fire Ins. Co.

Henry G. Ruemmele, Grand Forks, N. D., and Richard H. McGee, of McGee, VanSickle & Hankla, Minot, N. D., for third-party defendant, Kemper Constr. Company.

RONALD N. DAVIES, District Judge.

This action was commenced by the Use Plaintiff, Bison Construction Company (hereinafter Bison), under 40 U.S.C.A. §§ 270a-270b, commonly called the Miller Act, against Geer-Melkus Construction Company (hereinafter Geer-Melkus) as prime contractor and the Pennsylvania Fire Insurance Company (hereinafter Pennsylvania) as surety upon the prime contractor's payment bond for labor and materials claimed to have been furnished...

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