WALTER E. HOFFMAN, District Judge.
In this proceeding under the Miller Act, 40 U.S.C.A. §§ 270a-270d, the sole question for determination is the propriety of allowing counsel fees and costs to the defendant bonding company. Under the facts of this case the Court is of the opinion that the bonding company must pay these costs.
The payment bond in the sum of $3,460 was executed on June 25, 1957. The use plaintiff shipped materials to the prime contractor...
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