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H. B. ZACHRY COMPANY v. TRAVELERS INDEMNITY COMPANY

Civ. A. No. 2137.

262 F.Supp. 237 (1966)

H. B. ZACHRY COMPANY, Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, and Miles & Sons Trucking Service, Inc., and Sierra Construction Company, Inc., a Joint Venture or Partnership under the name of Miles-Sierra, Defendants. UNITED STATES for the Use of MILES & SONS TRUCKING SERVICE, INC., a corporation, and Sierra Construction Company, Inc., a corporation, a Joint Venture doing business under the name of Miles-Sierra, General Contractors, Third-Party Plaintiffs, v. H. B. ZACHRY COMPANY, a corporation, and Standard Accident Insurance Company, a corporation, Third-Party Defendants.

United States District Court N. D. Texas, Abilene Division.

December 8, 1966.

Attorney(s) appearing for the Case

Stanley P. Wilson, Abilene, Tex., Sidney Callender, Chester Johnson, San Antonio, Tex., for plaintiff.

Josh H. Groce, San Antonio, Tex., Gordon Johnson, San Francisco, Cal., for defendants.

OPINION

BREWSTER, District Judge.

This suit was brought under the Miller Act for damages for alleged breach of contract in connection with the construction of the Twin Buttes Dam in Tom Green County, Texas, for the Bureau of Reclamation of the Department of Interior.

H. B. Zachry Company, herein called "Zachry", the prime contractor on the project, sues Miles-Sierra, General Contractors, a joint venture composed of Miles & Sons Trucking Service...

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