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UNITED STATES v. ERIC ELEVATOR CORPORATION

Civ. A. No. 62-266.

214 F.Supp. 947 (1963)

UNITED STATES of America for the Use and Benefit of INDUSTRIAL ENGINEERING & METAL FABRICATORS, INC. v. ERIC ELEVATOR CORPORATION and Continental Casualty Company.

United States District Court D. Massachusetts.

March 21, 1963.

Attorney(s) appearing for the Case

Joseph M. Corwin, Boston, Mass., for plaintiff.

Walter B. Comegys, Jr., Roger P. Stokey, Goodwin, Procter & Hoar, Boston, Mass., for defendant.

FRANCIS J. W. FORD, District Judge.

This is an action under the Miller Act, 40 U.S.C.A. § 270b in which use plaintiff, a subcontractor, for work to be performed in the construction of a missile site at Danvers, Massachusetts, seeks to recover from prime contractor and the surety on its payment bond the balance allegedly due for labor and materials furnished under the subcontract. Plaintiff moves to strike the second and third defenses of defendants' answer, both...

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