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UNITED STATES v. H. S. KAISER, INC.

No. 66-C-78.

270 F.Supp. 215 (1967)

UNITED STATES for the Use of ACME TRANSFER & TRUCKING COMPANY, a Wisconsin corporation, Plaintiff, v. H. S. KAISER, INC., an Illinois corporation, and United Pacific Insurance Company, a Washington corporation, as Surety, Defendants.

United States District Court E. D. Wisconsin.

June 30, 1967.

Attorney(s) appearing for the Case

James B. Crook, Jr., Milwaukee, Wis., for plaintiff.

James O. Huber, Milwaukee, Wis., and Herbert Morton, Chicago, Ill., for defendants.

OPINION AND ORDER

REYNOLDS, District Judge.

The Sheridan Electric Company, as a subcontractor, doing remodeling work on the U.S. Post Office in Milwaukee, hired the plaintiff to do some moving and failed to pay for the service. The plaintiff is now suing the general contractor and its surety company for the payment of the claim under the Miller Act, 40 U.S.C.A. §§ 270a and 270b.

The defendants have moved for summary judgment because the...

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