BREWSTER, District Judge.
This action is brought for the benefit of Park L. Davis Company (hereinafter referred to as the "plaintiff") to recover from the defendant Matthew Cummings Company (hereinafter referred to as the "Cummings Co.") and the sureties on a payment bond, given in connection with a contract entered into between the Cummings Co. and the United States.
The action is brought under Sec. 2, Ch. 642 of the Act of August 24, 1935, 49 Stat. 794,...
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