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UNITED STATES v. KALADY CONSTRUCTION COMPANY

No. 63 C 1091.

227 F.Supp. 1017 (1964)

UNITED STATES of America, f/u/o EDWARD HINES LUMBER COMPANY, a corporation, and f/u/o James Healy and Donald Healy, a partnership d/b/a Healy Tile Company, and f/u/o James Woodson, James Krug, Michael Koban and John Kaflin a/k/a John Kariofili a/k/a Yani Kariofili, Plaintiffs, v. KALADY CONSTRUCTION COMPANY, Inc., an Illinois corporation, Firemen's Insurance Company of Newark, New Jersey, a New Jersey corporation, and Joseph Kalady, individually, Defendants.

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

March 24, 1964.

Attorney(s) appearing for the Case

Brodl & Daugherty, Chicago, Ill., for plaintiff Edward Hines Lumber Co.

Amberg & LaBar, Chicago, Ill., for defendant Firemen's Ins. Co. of Newark, N. J.

Ruff & Grotefeld, Chicago, Ill., for intervening petitioners James Healy and Donald Healy, d/b/a Healy Tile Co.

Schwartz & Zaban, Chicago, Ill., for intervening petitioners James Woodson, James Krug, Michael Koban and John Kaflin a/k/a John Kariofili a/k/a Yani Kariofili.

William E. Gainer, Chicago, Ill., for intervening petitioner Schnakenberg Ace Hardware, Inc.

Jacobs, Ribstein & Lieberman, Chicago, Ill., for Joseph Cardinal, d/b/a Avenue Electric Company, intervening petitioner.

ROBSON, District Judge.

Defendant Firemen's Insurance Company of Newark, New Jersey's Motion to Dismiss Count II of the Complaint of James Woodson, et al., is predicated on the assertion that recovery is sought on a "performance" bond to the United States, whereas recovery for compensation may be had solely from the "payment" bond to the United States, irrespective of the fact that the fund provided for the payment of wages by the "payment" bond...

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