UNITED STATES v. AMERICO CONSTRUCTION CO.

Civ. A. No. 57-525.

168 F.Supp. 760 (1958)

UNITED STATES of America For the Use and Benefit of HARKOL, Inc. v. AMERICO CONSTRUCTION CO., Inc., et al.

United States District Court D. Massachusetts.

December 5, 1958.


Attorney(s) appearing for the Case

Joseph M. Corwin, Boston, Mass., for plaintiff.

Alfonso M. D'Apuzzo, Medford, Mass., for Americo Const. Co.

Dever & Proctor, Edward O. Proctor, Boston, Mass., for Aetna Cas. Co.


ALDRICH, District Judge.

This is an action under section 2 of the Miller Act, 40 U.S.C.A. § 270b, by a subcontractor against the contractor and its surety. The defendants move for partial summary judgment. At first glance the record is somewhat murky, but on examination it is possible to see to the bottom, and to discover that the apparent obstructions are not real issues of fact. Defendants' motion is directed to that part of the claim in which plaintiff seeks...

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