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UNITED STATES v. CHALLINOR

No. CV 84-148-M-RES.

620 F.Supp. 78 (1985)

The UNITED STATES of America, For the Use of Douglas G. ANDERSON, Plaintiff, v. Jim CHALLINOR; Glacier National Bank; and the United States Forest Service, Defendants.

United States District Court, D. Montana, Missoula Division.

October 22, 1985.

Attorney(s) appearing for the Case

Bruce McEvoy, Warden, Christiansen, Johnson & Berg, Kalispell, Mont., for plaintiff.

Jim Challinor, pro se.

OPINION

RUSSELL E. SMITH, District Judge.

This would be an ordinary Miller Act1 case except for the fact that some imaginative genius in the federal government decided that irrevocable letters of credit could be used as a substitute for Miller Act bonds. 41 C.F.R. § 1-10.204-2 (1984).

In this case a Forest Service contract was let and an irrevocable letter of credit taken from Glacier National Bank. The contractor...

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