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UNITED STATES v. UNITED PACIFIC INSURANCE COMPANY

Civ. No. 65-286.

267 F.Supp. 82 (1966)

UNITED STATES of America, for Use of Fred SUTTER, d/b/a Sutter Enterprises, and Sutter Enterprises, Inc., a corporation, Plaintiff, v. UNITED PACIFIC INSURANCE COMPANY, a corporation, M. J. Brassfield Co., a copartnership consisting of M. J. Brassfield and G. W. Brassfield, and Road-builders, Inc., a corporation, Defendants.

United States District Court D. Oregon.

September 7, 1966.

Attorney(s) appearing for the Case

David P. Templeton, Dusenberry, Martin, Beatty, Parks & Templeton, Portland, Or., for plaintiff.

David J. Krieger, Black, Kendall, Tremaine, Booth & Higgins, Portland, Or., for defendants.

OPINION AND FINDINGS

KILKENNY, District Judge:

Plaintiff prosecutes this action against defendants under the Miller Act.1

Brassfield Co. and the United States (Bureau of Public Roads) signed a contract2 for the construction of a road in Douglas County, Oregon, for the contract price of $694,116.00. Brassfield, with United Pacific as surety, executed and delivered to the United States a payment...

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