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UNITED STATES v. FAYCO ELECTRIC COMPANY

Civ. No. 8696.

273 F.Supp. 367 (1962)

UNITED STATES of America for the Use and Benefit of GENERAL ELECTRIC SUPPLY COMPANY, a division of General Electric Company, Plaintiff, v. FAYCO ELECTRIC COMPANY, Inc., and American Casualty Company of Reading, Pennsylvania, Defendants.

United States District Court N. D. New York.

April 13, 1962.

Attorney(s) appearing for the Case

Bliss & Bouck, Albany, N. Y., for use-plaintiff, Warner M. Bouck, Albany, N. Y., White & Case, New York City, of counsel.

McClung, Peters & Simon, Albany, N. Y., Kenney & Flint, St. Louis, Mo., for defendants, Francis L. Kenney, Jr., St. Louis, Mo., Homer E. Peters, Albany, N. Y., of counsel.

JAMES T. FOLEY, Chief Judge.

MEMORANDUM-DECISION

This suit is the common one under the Miller Act by the use-plaintiff, a division of the General Electric Company, against a prime contractor on a government project and its surety to recover unpaid money for materials furnished at an agreed price. The materials were used by Fayco in the fulfillment of its written government contract to modernize the Interior Electric Distribution System at the Watervliet...

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