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UNITED STATES v. CONTINENTAL CASUALTY COMPANY

No. 69 C 2534.

346 F.Supp. 1239 (1972)

UNITED STATES of America, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, Defendant.

United States District Court, N. D. Illinois, E. D.

September 1, 1972.

Attorney(s) appearing for the Case

K. R. Siegan, Asst. U. S. Atty., Chicago, Ill., Edward I. Swichar, Trial Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff.

Charles A. Gilmartin, Richard S. Wisner, Stephen M. Hallenbeck, Chicago, Ill., for defendant.

MEMORANDUM OF DECISION

TONE, District Judge.

This is an action by the United States to enforce a Miller Act performance bond against the defendant surety on a construction contract for modification of a spillway of the Granby Dam in Colorado, upon the default by the contractor and the completion of work by the Government at an excess replacement cost of $76,261.92. The defendant claims in two separate defenses that it is entitled to a set-off of $78,199...

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