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U. S., GROTNES MACHINE v. HENRY B. BYORS & SON

No. CV 77-156.

454 F.Supp. 203 (1978)

UNITED STATES of America, for the Use of GROTNES MACHINE WORKS, INC., Plaintiff, v. HENRY B. BYORS & SON, INC. and Aetna Insurance Company, Defendants.

United States District Court, D. New Hampshire.

June 27, 1978.

Attorney(s) appearing for the Case

Orr & Reno by William L. Chapman, Concord, N. H., for Grotnes Machine Works, Inc.

Devine, Millimet, Stahl & Branch by Gregory D. Prymak, Manchester, N. H., for Henry B. Byors & Son, Inc.

REAL, District Judge, Sitting by Designation.

OPINION

Defendant AETNA INSURANCE COMPANY (hereafter AETNA) moves for dismissal of Count II of its complaint adding a claim of liability for an additional piece of equipment.

FACTS

The undisputed facts show that defendant HENRY B. BYORS & SON INC., (hereafter BYORS) contracted with the United States to do certain work at Pease Air Force Base, Portsmouth, New Hampshire.

Two (2) separate...

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