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UNITED STATES v. MONTGOMERY

Civ. A. No. 5096.

170 F.Supp. 433 (1959)

UNITED STATES of America for the Use of James R. SODA, Plaintiff, v. Charles B. MONTGOMERY d.b.a. Montgomery Construction Company; U. S. Fidelity & Guarantee Co., Defendants.

United States District Court M. D. Pennsylvania.

February 27, 1959.

Attorney(s) appearing for the Case

Cailor & Cailor, Youngstown, Ohio, John H. Bream, Harrisburg, Pa., for plaintiff.

Wherry & Ketler, Grove City, Pa., John R. Lenahan, Scranton, Pa., for defendants.

FOLLMER, District Judge.

The facts involved in this action under the "Miller Act" by plaintiff, Soda, as the owner of certain excavation equipment against Montgomery as a prime contractor on a contract with the United States for government construction work, are set forth in this Court's original Findings of Fact (152 F.Supp. 309) and the Opinion of the Court of Appeals (3 Cir., 253 F.2d 509)...

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