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UNITED STATES v. BUCKEYE UNION CASUALTY COMPANY

Civ. A. No. 37100.

207 F.Supp. 552 (1962)

The UNITED STATES of America, for the Use of Bernard J. WEITHMAN and Charles M. Weithman, a Partnership, dba Weithman Masonry and Construction, Plaintiff, v. The BUCKEYE UNION CASUALTY COMPANY, Defendant.

United States District Court N. D. Ohio, E. D.

July 24, 1962.

Attorney(s) appearing for the Case

Robert L. Brown, Bucyrus, Ohio, for plaintiff.

Charles W. Kitchen, Cleveland, Ohio, for defendant.

GREEN, District Judge.

This case is before the Court on a Stipulation of Facts and briefs of the parties. The precise issue is whether this action under the Miller Act is barred by 40 U.S.C.A. § 270 b(b), which provides:

"Every suit instituted under this section shall be brought in the name of the United States for the use of the person suing * * * but no such suit shall be commenced after the expiration of one year after the day on which the last of...

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