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FIDELITY AND CASUALTY COMPANY OF NEW YORK v. DYKSTRA

No. 4-59-Civ.-331.

208 F.Supp. 717 (1962)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Plaintiff, v. Edward DYKSTRA and Eugene Roelofs, d/b/a Dykstra and Roelofs Construction Company, Defendants, and State of Minnesota and County of Meeker, Garnishees, and The State of Minnesota and The United States of America, Additional Defendants.

United States District Court D. Minnesota, Fourth Division.

September 21, 1962.

Attorney(s) appearing for the Case

M. Lasley, Minneapolis, Minn., for plaintiff.

John R. Murphy, Sp. Asst. Atty. Gen., St. Paul, Minn., for garnishees, State of Minnesota and County of Meeker.

Miles W. Lord, U. S. Atty., and John J. Connelly, Asst. U. S. Atty., Minneapolis, Minn., for additional defendant United States.

DEVITT, Chief Judge.

Money originally held by the State of Minnesota in the form of a warrant payable to the Dykstra and Roelofs Construction Co., hereinafter referred to as Dykstra, and now in the possession of the United States Government by reason of it being seized by the agents of the Internal Revenue Service, is claimed by both the plaintiff-surety — which became responsible, under a bond, for default in the...

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