United States Fidelity & Guaranty Co. v. United States

A surety sues the United States to recover a progress payment made, allegedly wrongfully, by the Government to the surety’s contractor. After a trial, Trial Judge Fletcher held for the defendant. Plaintiff excepts to the trial judge’s opinion, one of his findings, and to his conclusion that the petition should be dismissed. Defendant supports the trial judge, with the exception of footnote 27 in his opinion.

Upon consideration of the briefs and oral argument, the court agrees with the trial judge and holds for the Government. We adopt his opinion (except for footnote 27 which we have deleted,…