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UNITED STATES v. AMERICAN SURETY CO.

No. 7674.

34 F.Supp. 386 (1940)

UNITED STATES, to Use and for Benefit of FOSTER WHEELER CORPORATION, v. AMERICAN SURETY CO. OF NEW YORK. ATLANTIC BASIN IRON WORKS v. UNITED STATES.

District Court, E. D. New York.

July 22, 1940.

Attorney(s) appearing for the Case

Kamen & Ostertag, of New York City (Bernard I. Kamen, of New York City, of counsel), for Foster Wheeler Corporation.

Harold M. Kennedy, U. S. Atty., of Brooklyn, N. Y. (Mario Pittoni, Asst. U. S. Atty., of Lynbrook, N. Y., of counsel), for the United States.

Bigham, Englar, Jones & Houston, of New York City (W. J. Nunnally, Jr., and H. J. Bogatko, both of New York City, of counsel), for American Surety Co. of New York and Atlantic Basin Iron Works.

GALSTON, District Judge.

This is an action brought pursuant to the Miller Act, U.S.C. Title 40, Sec. 270b, 40 U.S.C.A. § 270b (formerly known as the Hurd Act) by a sub-contractor to recover an alleged balance due it from the general contractor.

The suit was begun by the Foster Wheeler Corporation against the American Surety Company. From the complaint it appears that on November 27, 1936, the Atlantic Basin Iron Works entered into a contract with the...

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