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Civil Procedure Keyed to Spencer
United States v. Heyward-Robinson Co.
Citation:430 F.2d 1077 (2d Cir. 1970)
Defendant was the prime contractor for two construction jobs in two separate cities within Connecticut (the “Navy” job and the “Stelma” job). Defendant hired Plaintiff to be the subcontractor for both jobs. Both jobs were insured under the same policy, they required the same type of work, and Defendant made payments for both jobs in one lump sum. Plaintiff filed suit against Defendant for alleged due payments on the Navy job. Defendant responded with a counterclaim to recover alleged over-payments and extra costs associated with both jobs. Plaintiff responded with a counterclaim to recover additional payments alleged to be due on the Stelma job. Defendant contended that the counterclaim on the Stelma job was improper.
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