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ROYAL INDEMNITY COMPANY v. UNITED STATES

No. 202-65.

371 F.2d 462 (1967)

ROYAL INDEMNITY COMPANY v. The UNITED STATES and JERSEY STATE BANK, Third-Party.

United States Court of Claims.

January 20, 1967.

Attorney(s) appearing for the Case

Richard H. Nicolaides, Washington, D. C., for plaintiff, Royal Indemnity Company. William F. Kelly, Washington, D. C., attorney of record; Richard A. Bartl, Washington, D. C., and Hans W. E. Seltmann, New York City, of counsel.

Edward L. Metzler, Washington, D. C., with whom was Asst. Atty. Gen. Barefoot Sanders, for defendant.

Louis S. Papa, Washington, D. C., attorney of record for third party.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, COLLINS, SKELTON and NICHOLS, Judges.

COWEN, Chief Judge.

Plaintiff, Royal Indemnity Company (hereinafter "Surety"), a Miller Act surety, claims $38,461.29 in retainages held by the Government pursuant to its contract with Albert M. Barbato (hereinafter "Contractor"), Surety's principal. Jersey State Bank (hereinafter "Bank"), contractor's assignee, was brought in as a third party pursuant to Rule 23 and claims $31,200, plus interest, of the retainages. Defendant admits that it holds $38,461.29, but seeks...

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