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UNITED STATES v. KELLY

Civ. No. 10661.

192 F.Supp. 274 (1961)

UNITED STATES of America, for the Use and Benefit of MILLER & BENTLEY EQUIPMENT COMPANY, Inc., Plaintiff, v. James H. KELLY (Kelley), United Pacific Insurance Company, Maurice Ramage and Fred Ayala, Defendants.

United States District Court D. Alaska, Fairbanks.

March 31, 1961.

Attorney(s) appearing for the Case

Charles E. Cole, Fairbanks, Alaska, for plaintiff.

Richard D. Nelson, Portland, Or., and McNealy, Merdes & Camarot, Fairbanks, Alaska, for defendants Kelley and United Pacific Ins. Co.

HODGE, District Judge.

Plaintiff brings this action under the provisions of the Miller Act, 40 U.S.C.A. § 270b, against the defendant James H. Kelley as contractor, the defendant United Pacific Insurance Company as surety upon the contractor's payment bond, and the defendants Maurice Ramage and Fred Ayala as subcontractors, for equipment rentals, materials and services claimed furnished and rendered by the use plaintiff to the defendant subcontractor in the prosecution...

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