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UNITED STATES v. WALSH

Civ. A. No. 9442.

240 F.Supp. 1019 (1965)

UNITED STATES of America for the Use and Benefit of GROISSER & SHLAGER IRON WORKS, INC., Plaintiff, v. Arthur J. WALSH, d.b.a. Arthur J. Walsh Contracting Company and Fidelity & Deposit Company of Maryland, Defendants.

United States District Court N. D. New York.

May 10, 1965.

Attorney(s) appearing for the Case

Elman & Ornstein, New York City, for plaintiff, Leonard S. Elman, New York City, of counsel.

McClung, Peters & Simon, Albany, N. Y., for defendant Fidelity & Deposit Co. of Maryland, William J. Murphy, Albany, N. Y., of counsel.

JAMES T. FOLEY, Chief Judge.

In this Miller Act suit, the defendant surety moved to vacate a judgment entered by the use plaintiff in its favor on an arbitration award, or in the alternative to amend the judgment so as to eliminate therefrom the provision for interest. It is my understanding the issue has narrowed to the interest question inasmuch as at my suggestion the principal sum of $27,295.00 and an agreed share of arbitration costs has meanwhile been paid to...

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