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UNITED STATES v. MASSACHUSETTS BONDING & INSURANCE CO.

Civ. A. No. 60-C-334.

195 F.Supp. 26 (1961)

UNITED STATES of America for the Use and Benefit of BROWNE & BRYAN LUMBER CO., Inc., Plaintiff, v. MASSACHUSETTS BONDING AND INSURANCE COMPANY, Defendant, and Ove Gustavsson Contracting Co., Inc., Intervenor.

United States District Court E. D. New York.

June 12, 1961.

Attorney(s) appearing for the Case

Philip G. Fitz, New York City, for plaintiff; William V. Homans, New York City, of counsel.

Anthony B. Cataldo, New York City, for defendant and intervenor.

BYERS, District Judge.

This is a Miller Act case in which the use plaintiff is Browne & Bryan Lumber Co., Inc., the defendant is Massachusetts Bonding and Insurance Company, and the general contractor who has intervened, is Ove Gustavsson Contracting Co., Inc.; for convenience, the first named will be referred to as plaintiff, and the intervenor as defendant. The Bonding Company, while the nominal defendant, tenders no issues that require decision, for the controversy...

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