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UNITED STATES v. UNITED STATES FIDELITY & GUAR. CO.

No. 74.

28 F.Supp. 443 (1939)

UNITED STATES, for Use of W. E. FOLEY & BRO., Inc., v. UNITED STATES FIDELITY & GUARANTY CO. et al. (WALLACE & TIERNAN CO., Inc., Intervener).

District Court, E. D. New York.

July 25, 1939.

Attorney(s) appearing for the Case

Joseph V. Iaricci, of Forest Hills, N. Y., for plaintiff.

Louis Susman, of New York City, for defendants and third party plaintiff.

Arthur A. Wilson, Jr., of New York City, for intervener.

Phillips, Mahoney & Fielding, of New York City, for third party defendant.

GALSTON, District Judge.

In this action a jury was waived at the opening of the trial.

It appears that on October 14, 1937, the plaintiff, W. E. Foley & Bro., Inc. entered into a contract with Bernard Fiumara, trading as Delmar Construction Company, to furnish for the agreed sum of $36,000 certain materials and perform certain plumbing and mechanical work in connection with the construction and erection of additions to the Sewage Disposal Plant of the...

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