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FETT ROOFING & SHEET METAL CO. v. SEABOARD SURETY CO.

Civ. A. No. 6237.

294 F.Supp. 112 (1968)

FETT ROOFING & SHEET METAL CO., Inc., a Virginia corporation, Plaintiff, v. SEABOARD SURETY COMPANY, a New York Corporation, Defendant and Third-Party Plaintiff, v. John B. McGAUGHY, William Marshall, Jr., and William T. McMillan, Partners trading as McGaughy, Marshall & McMillan, Architects, United States of America, and Fine and Salzberg, Inc., a Virginia corporation, Third-Party Defendants.

United States District Court E. D. Virginia, Norfolk Division.

October 10, 1968.

Attorney(s) appearing for the Case

George J. Viertel, Newport News, Va., for plaintiff.

Howard I. Legum, Norfolk, Va., for Seaboard Surety Co. and Fine and Salzberg, Inc.

Alan J. Hofheimer, Thomas F. McPhaul, John M. Hollis and Hugh L. Patterson, Norfolk, Va., for John B. McGaughy, and others.

James A. Oast, Jr., Asst. U. S. Atty., Norfolk, Va., for the United States.

MEMORANDUM ORDER

KELLAM, District Judge.

The Court has for determination (a) two motions of plaintiff for summary judgment, (1) for $3,671.45 representing balance of payments due under amount of contract bid and (2) determining defendant Seaboard Surety Company is liable to it for extra work and material, with amount to be later established; (b) motion of United States to dismiss the action as to it; (c) motion of John B. McGaughy and others to dismiss as...

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