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UNITED STATES v. MALAN CONSTRUCTION CORPORATION

No. 3253.

168 F.Supp. 255 (1958)

UNITED STATES for the use of JAMES F. O'NEIL COMPANY, Inc., v. MALAN CONSTRUCTION CORPORATION and Continental Casualty Company.

United States District Court E. D. Tennessee, N. D.

November 28, 1958.

Attorney(s) appearing for the Case

Porteous & Johnson, Wm. A. Porteous, Jr., New Orleans, La., Poore, Cox, Baker & McAuley, J. W. Baker, Knoxville, Tenn., for plaintiff.

W. W. Kennerly, Donaldson, Montgomery & Kennerly, Knoxville, Tenn., for defendant.

ROBERT L. TAYLOR, District Judge.

This is a matter arising under the Miller Act, 40 U.S.C.A. §§ 270a-270d. The plaintiff in this case was a sub-contractor of Malan Construction Corporation (hereinafter called Malan), a prime contractor of the Atomic Energy Commission for the building of a Multi-curie Fission Products Pilot Plant at Oak Ridge, Tennessee. The plaintiff, O'Neil Company, Inc., (hereinafter called O'Neil), was a Louisiana Corporation and defendant...

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