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UNITED STATES v. RONDOUT MARINE, INC.

No. 69 Civ. 4833.

312 F.Supp. 846 (1970)

UNITED STATES of America, for the Use and Benefit of ESSEX MACHINE WORKS, INC., Plaintiff, v. RONDOUT MARINE, INC. and the Fibre Glass Boat Corporation, and Maryland Casualty Company of Maryland, Defendants.

United States District Court, S. D. New York.

March 24, 1970.

Attorney(s) appearing for the Case

Gould, Sivin, Larson & Reardon, Essex, Conn., for plaintiff; James D. Reardon, Essex, Conn., of counsel.

Schechter, Eisenberg & Margolis, New York City, for defendant Rondout Marine.

Hart & Hume, New York City, for defendant Maryland Casualty Co.

MANSFIELD, District Judge.

In this Miller Act suit by a use subcontractor ("Essex") against prime contractors ("Rondout" and "Fibre Glass Boat") and their surety ("Mayland Casualty") pursuant to 40 U.S.C. § 270a, in which the use plaintiff claims an unpaid balance in the amount of $5,945.34, plus interest, costs and attorneys' fees due upon merchandise sold to the prime contractors, the use plaintiff has moved for summary judgment and defendant Maryland Casualty...

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