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UNITED STATES, JAMES E. SIMON CO. v. ARDELT-HORN CONST. CO.

Civ. 1527 L.

316 F.Supp. 254 (1970)

UNITED STATES of America for the Use and Benefit of JAMES E. SIMON CO., Inc., and James E. Simon Co., Inc., Plaintiffs, v. ARDELT-HORN CONSTRUCTION CO. and St. Paul Fire & Marine Insurance Company, Defendants.

United States District Court, D. Nebraska.

August 4, 1970.

Attorney(s) appearing for the Case

Richard W. Smith and Allen L. Overcash, of Woods, Aitken & Aitken, Lincoln, Neb., for plaintiffs.

John J. Higgins, Jr. of Eisenstatt, Morrison, Higgins, Miller, Kinnamon & Morrison, Omaha, Neb., and Roland E. Gebert, Littleton, Colo., for defendant, Ardelt-Horn Construction Co.

Edwin Cassem, of Cassem, Tierney & Henatsch, Omaha, Neb., and Martin J. Andrew, Denver, Colo., for defendant St. Paul Fire & Marine Insurance Co.

MEMORANDUM

URBOM, District Judge.

James E. Simon Co., Inc., individually and as use plaintiff, brings this action for recovery of unpaid amounts claimed to be due it as a subcontractor which furnished labor and materials for a project on which the defendant Ardelt-Horn Construction Co. was the general contractor and the United States of America was the owner. The defendant St. Paul Fire & Marine Insurance Company was the surety on a payment bond and...

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