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MONTGOMERY v. UNITY ELECTRIC CO.

Civ. No. 8867.

155 F.Supp. 179 (1957)

Charles B. MONTGOMERY, trading and doing business as Montgomery Construction Co., Plaintiff, v. UNITY ELECTRIC CO., Inc., a Florida Corporation, and Unity Electric Co. of Puerto Rico, Inc., a Puerto Rican Corporation, Defendants, Gerardino & Co., Inc., Intervenor, and United States Fidelity & Guarantee Co., Third Party Defendant.

United States District Court D. Puerto Rico, San Juan.

July 9, 1957.

Attorney(s) appearing for the Case

Joshua Hellinger, San Juan, P. R., for plaintiff.

Alberto Gerardino, Santurce, P. R., for intervenor.

Geigel & Silva, Garcia Blanco and Hernan Pesquera, San Juan, P. R., for third-party defendant.

RUIZ-NAZARIO, District Judge.

This is an action under the Miller Act, 40 U.S.C.A. § 270a et seq., in which the intervenor Gerardino & Company, Inc. seeks to recover materials sold to Unity Electric Company of Puerto Rico, Inc., one of the defendants.

It was stipulated at the pre-trial conference that all the materials involved were delivered to Unity Electric Co. of Puerto Rico at Gerardino's store, at...

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