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AMERICAN FIDELITY FIRE INSURANCE CO. v. UNITED STATES

No. 71 911 WTS.

385 F.Supp. 1075 (1974)

AMERICAN FIDELITY FIRE INSURANCE CO., a corporation, Plaintiff, v. UNITED STATES of America, etc., et al., Defendants. The PEOPLE OF the STATE OF CALIFORNIA, etc., Cross-Complainant, v. AMERICAN FIDELITY FIRE INSURANCE CO., a corporation, et al., Cross-Defendants.

United States District Court, N. D. California.

November 19, 1974.

Attorney(s) appearing for the Case

Adams & Ernst, A Professional Corp., R. A. Kuns, San Francisco, Cal., for plaintiff and cross-defendant, American Fidelity Fire Ins.

Harry S. Fenton, Chief Counsel, Benjamin Hagan, Jr., Sacramento, Cal., for Dept. of Public Works (State) and cross-complainant, People of State of California.

James L. Browning, Jr., U. S. Atty., John M. Youngquist, Asst. U. S. Atty., Chief of Tax Div., San Francisco, Cal., for defendants United States of America.

MEMORANDUM OF DECISION

SWEIGERT, District Judge.

This action is brought by American Fidelity Fire Insurance Company ("Surety") against the United States, State of California ("State"), and other defendants seeking a judicial determination that it is entitled to certain monies due from the State of California to one Turner under a public works contract for the cleaning and painting of a state highway bridge. The State, answering, has interpleaded the unpaid...

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