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UNITED STATES v. AETNA CASUALTY AND SURETY COMPANY

Civ. No. 920.

244 F.Supp. 162 (1965)

The UNITED STATES of America for Use and Benefit of R. J. STUDER & SONS, H. C. Studer, and E. I. Studer, Company, a Joint Venture, Plaintiffs, v. The AETNA CASUALTY AND SURETY COMPANY, Fireman's Fund Insurance Company, Hartford Accident and Indemnity Company, the Travelers Indemnity Company, United States Fidelity & Guaranty Company, Employers Reinsurance Corporation, Fidelity and Deposit Company of Maryland, General Reinsurance Company, and American Re-Insurance Company, all corporations, and Peter Kiewit Sons' Co., a Corporation, Defendants.

United States District Court D. South Dakota, W. D.

August 13, 1965.

Attorney(s) appearing for the Case

Cooke, Moulton, Bellingham & Longo, Billings, Mont., and Bottum & Beal, Rapid City, S. D., for plaintiffs.

Bangs, McCullen, Butler & Foye, Rapid City, S. D., for defendants.

BECK, Chief Judge.

The above entitled action having been tried to the court, without a jury, in the United States District Court at Aberdeen, South Dakota, and thereafter having been submitted to the court upon oral argument and written briefs, and the court having had the matter under advisement now makes and enters the following:

FINDINGS OF FACT

1.

That Peter Kiewit Sons' Company, a corporation on August 1, 1961, in consideration of...

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