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UNITED STATES v. NEW AMSTERDAM CASUALTY CO.

Civ. A. No. 27715.

185 F.Supp. 316 (1960)

UNITED STATES of America to the Use of TECOT ELECTRIC SUPPLY CO. v. NEW AMSTERDAM CASUALTY CO.

United States District Court E. D. Pennsylvania.

April 20, 1960.

Attorney(s) appearing for the Case

Isadore S. Wachs, Philadelphia, Pa., for Tecot Electric Supply Co.

Robert F. Cushman (of Cushman & Obert), Philadelphia, Pa., for defendant.

GOODRICH, Circuit Judge.

The use plaintiff (plaintiff), a supplier of a subcontractor, brings this action against the surety of the prime contractor on a payment bond furnished pursuant to a contract between the prime contractor and the Department of the Navy dated June 17, 1958. Plaintiff claims for supplies rendered the subcontractor.

The defendant moves to dismiss because the plaintiff has not alleged that it...

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