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NATIONAL STATE BANK OF NEWARK v. TERMINAL CONST. CORP.

Civ. No. 755-61.

217 F.Supp. 341 (1963)

The NATIONAL STATE BANK OF NEWARK, a National Banking Association, Plaintiff, v. TERMINAL CONSTRUCTION CORPORATION, a New Jersey corporation, and American Surety Company of New York, a New York corporation, Defendants.

United States District Court D. New Jersey.

May 9, 1963.

Attorney(s) appearing for the Case

Toner, Crowley, Woelper & Vanderbilt, John A. Ackerman, Newark, N. J., and Budd, Larner & Kent, Samuel A. Larner, Newark, N. J., for plaintiff.

Heller & Laiks, Aaron Heller, Passaic, N. J., for defendants.

LANE, District Judge.

This action is brought in two counts against a prime contractor and its surety to recover on payment bonds for work and labor performed on a Capehart housing project.

On the 5th day of October 1959, defendant Terminal Construction Corporation (hereinafter referred to as "Terminal"), contracted with the United States of America, acting through the Department of the Air Force, to construct certain Armed Services housing projects at McGuire...

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