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UNITED STATES v. FULLERTON CONSTRUCTION COMPANY

Civ. A. No. 68-323.

298 F.Supp. 1157 (1969)

The UNITED STATES of America, for the Use of ERIE CITY IRON WORKS, a Pennsylvania Corporation, Plaintiff, v. FULLERTON CONSTRUCTION COMPANY, Incorporated, a Corporation, and Continental Casualty Company, a Corporation, Defendants.

United States District Court D. South Carolina, Columbia Division.

April 30, 1969.

Attorney(s) appearing for the Case

Wilburn Brewer, Jr., Cooper, Gary, Nexsen & Pruet, Columbia, S. C., for plaintiff.

Michael H. Quinn, Fulmer, Barnes, Berry & Austin, Columbia, S. C., for defendant.

ORDER

SIMONS, District Judge.

This action was instituted pursuant to the Miller Act, 40 U.S.C.A. § 270a et seq.1 and is before this court on defendants' motion for summary judgment.

The facts surrounding this controversy are essentially undisputed. On October 30, 1964, the defendant, Fullerton Construction Company, and its surety, Continental Casualty Company, entered into a contract with the United States of America...

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