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U.S., SAN BENITO SUPPLY v. KISAQ-RQ 8A 2 JV

No. C13-00469 HRL.

UNITED STATES OF AMERICA FOR THE USE OF SAN BENITO SUPPLY, Plaintiff, v. KISAQ-RQ 8A 2 JV; et al., Defendants.

United States District Court, N.D. California, San Jose Division.

January 28, 2015.

Attorney(s) appearing for the Case

United States of America for the use of San Benito Supply, Plaintiff, represented by Diana Marie Dron , Monteleone and McCrory LLP & William J. Ingalsbe , Monteleone & McCrory LLP.

KISAQ-RQ 8A 2 JV, Defendant, represented by Albert Ibrahim , Case Ibrahim Clauss LLP, Brian S. Case , Case Ibrahim Clauss, LLP & F. Albert Ibrahim , Case Ibrahim & Clauss, LLP.

Frazier Masonry Company, Defendant, represented by Albert Ibrahim , Case Ibrahim Clauss LLP, F. Albert Ibrahim , Case Ibrahim & Clauss, LLP & Brian S. Case , Case Ibrahim Clauss, LLP.

Federal Insurance Company, Defendant, represented by Brian S. Case , Case Ibrahim Clauss, LLP, Albert Ibrahim , Case Ibrahim Clauss LLP & F. Albert Ibrahim , Case Ibrahim & Clauss, LLP.

Western Surety Company, Defendant, represented by Brian S. Case , Case Ibrahim Clauss, LLP, Albert Ibrahim , Case Ibrahim Clauss LLP & F. Albert Ibrahim , Case Ibrahim & Clauss, LLP.

Frazier Masonry Company, Counter-claimant, represented by Albert Ibrahim , Case Ibrahim Clauss LLP & Brian S. Case , Case Ibrahim Clauss, LLP.

United States of America for the use of San Benito Supply, Counter-defendant, represented by Diana Marie Dron , Monteleone and McCrory LLP & William J. Ingalsbe , Monteleone & McCrory LLP.

MEMORANDUM OF DECISION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

HOWARD R. LLOYD, Magistrate Judge.

MEMORANDUM OF DECISION

A. INTRODUCTION

This case was tried to the court for nine days between November 17 and December 2, 2014. Many witnesses were called and hundreds of exhibits admitted. At the conclusion of their presentations, counsel argued, and the matter was taken under submission. The court now issues its Memorandum of Decision...

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