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MASSACHUSETTS BONDING & INS. CO. v. ANTONELLI CONST. CO.

Civ. A. No. 58-1096.

173 F.Supp. 391 (1959)

MASSACHUSETTS BONDING & INSURANCE COMPANY v. ANTONELLI CONSTRUCTION CO., Inc., et al.

United States District Court D. Massachusetts.

May 20, 1959.

Attorney(s) appearing for the Case

Joseph K. Collins, Boston, Mass., for plaintiff.

Daniel F. Featherston, Jr., Choate, Hall & Stewart, Boston, Mass., for defendant Peabody.

Irvin M. Davis, Boston, Mass., for defendant R. I. Covering.

Jerome P. Facher, Mintz, Levin & Cohn, Boston, Mass., for defendant Struthers Wells.

Robert S. Jones, Sherburne, Powers & Needham, Boston, Mass., for defendant Control Instrument & Hays Corp.

ALDRICH, District Judge.

This is an interpleader petition brought under 28 U.S.C.A. § 1335 by a Miller Act, 40 U.S.C.A. § 270a, surety on the bond of a government contractor against thirty subcontractors and suppliers. The prime contractor has failed, and the surety has recognized that the provable liabilities will exceed the penal sum of the bond. It brings this proceeding naming all creditors and alleged creditors as respondents, some being citizens of...

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