DAY, District Judge.
Plaintiff brings this action under the provisions of the Miller Act, 40 U.S.C.A. § 270b. In its complaint the plaintiff alleges that M. A. Gammino Construction Company (hereinafter called Gammino) entered into a contract on or about February 5, 1960 with the United States of America, whereby Gammino agreed to furnish all the labor, equipment and material and to perform all the work required for the construction of a certain breakwater at...
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