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UNITED STATES v. SEACOAST REPAIR CO.

Civ. A. No. 16718.

147 F.Supp. 686 (1957)

UNITED STATES of America, For the Use and Benefit of Irving WOLTHER, Plaintiff, v. SEACOAST REPAIR CO., Inc., Defendant. The HOME INDEMNITY COMPANY, Defendant and Third-Party Plaintiff, v. NEW HAMPSHIRE FIRE INSURANCE COMPANY and Charter Electric Co., Inc., Third-Party Defendant.

United States District Court E. D. New York.

January 17, 1957.

Attorney(s) appearing for the Case

Leonard Feldman, New York City, for plaintiff.

Edwin R. Wolff, New York City, for defendant and third-party plaintiff.

David Halper, Brooklyn, N. Y., for third-party defendant New Hampshire Fire Ins. Co.

GALSTON, District Judge.

This is a motion by beneficiary-plaintiff, Irving Wolther, for an order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A., for summary judgment against defendant, The Home Indemnity Company.

The complaint, filed on July 12, 1956, alleges that the action is brought under Section 270b of Title 40, U.S.C.A., for $22,080, which plaintiff claims he is entitled to by virtue of material and labor furnished by Charter...

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