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U.S. FOR BENEFIT OF EHMCKE SHEET METAL v. WAUSAU

No. Civ. S-89-1704-DFL EM.

755 F.Supp. 906 (1991)

The UNITED STATES, for the Benefit and Use of EHMCKE SHEET METAL WORKS, a California corporation, Plaintiff, v. WAUSAU INSURANCE COMPANIES, a Wisconsin corporation, and American Pacific Roofing Company, Inc., a California corporation, Defendants.

United States District Court, E.D. California, Sacramento Division.

January 25, 1991.

Attorney(s) appearing for the Case

Michael Van Dyke, Gray, Cary, Ames & Frye, San Diego, Cal., for use-plaintiff W.G. Ehmcke Sheet Metal Works.

Dennis W. Richardson, Greve, Clifford, Diepenbrock & Paras, Sacramento, Cal., for defendant Employers Ins. of Wausau.

R. Timothy Ireland, Corona, Belistreri & Ramseger, San Diego, Cal., for defendant American Pacific Roofing Co.

G. Wayne Murphy, Anderson, Mc Pharlin & Connors, Los Angeles, Cal., for Merchants Bonding Co.

ORDER

LEVI, District Judge.

BACKGROUND

This is an action brought by Ehmcke Sheet Metal Works ("Ehmcke"), a subcontractor on a federal government construction project, against American Pacific Roofing Company, Inc. ("APR"), the prime contractor on the project and against APR's surety on the contract, Wausau Insurance Companies ("Wausau"). In its original complaint in this action, filed August 24, 1989, Ehmcke sued APR for breach of contract and...

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