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UNITED STATES v. MacKENZIE-FOSTER CO.

Civ. A. No. 60-796.

207 F.Supp. 210 (1962)

UNITED STATES of America for the Use of GRAYBAR ELECTRIC COMPANY, Inc. v. MacKENZIE-FOSTER CO., Inc. and Gil Wyner Co., Inc., and The Travelers Indemnity Company.

United States District Court D. Massachusetts.

June 12, 1962.

Attorney(s) appearing for the Case

Wasserman & Salter, Bernard P. Rome, Boston, Mass., for plaintiff.

Jacob J. Locke, Boston, Mass., for Travelers Indemnity Co.

M. Arthur Gordon, Boston, Mass., for MacKenzie-Foster Co. Inc.

FRANCIS J. W. FORD, District Judge.

This is an action under the Miller Act, 40 U.S.C.A. § 270a et seq., in which petitioner Westinghouse Electric Supply Company moves to intervene to recover on its claim for the price of materials furnished to a subcontractor. Defendant Gil Wyner Co., Inc., the prime contractor, and its surety object to the allowance of the motion on the ground that it is not timely.

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