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UNITED STATES v. F. D. RICH COMPANY

Civ. A. No. 519.

199 F.Supp. 939 (1961)

UNITED STATES of America to use of R. H. MARLIN, Plaintiff, v. F. D. RICH COMPANY, Inc., a corporation, American Surety Company of New York, a corporation, Dundee Sash, Deck & Panel Co., a corporation, and Fidelity and Casualty Company of New York, a corporation, Defendants.

United States District Court N. D. Florida, Marianna Division.

December 4, 1961.

Attorney(s) appearing for the Case

Cecil G. Costin, Jr., Port St. Joe, Fla., for plaintiff.

Ford L. Thompson, Tallahassee, Fla., Lawrence Gochberg, Stamford, Conn., for defendants.

CARSWELL, District Judge.

Plaintiff brought this action under the provisions of the Miller Act, 40 U.S.C. A. § 270a et seq. to recover rents and cost of removal on certain construction equipment furnished to Dundee Sash, Deck and Panel Company, hereafter called the subcontractor.

Plaintiff seeks recovery against the prime contractor, F. D. Rich Company, Inc., and its surety company, as well as against the subcontractor and its surety.

The pleadings...

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