ZAMPANO, District Judge.
In this action before the Court without a jury the plaintiff, Howard Spector, seeks recovery in contract from The Fusco-Amatruda Company, hereinafter referred to as defendant, and The Travelers Indemnity Company, as surety, under the provisions of the Miller Act, 40 U.S.C. § 270 b.
During the year 1960, the defendant was awarded a government contract for the construction of navy barracks on an eleven acre tract owned by the government...
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