MEMORANDUM AND ORDER
BUE, District Judge.
The United States of America entered into a contract with Hydro-Tech, Inc., plaintiff's principal, for the construction of an oxygen distribution control panel and ESC system piping. Pursuant to the Miller Act, 40 U.S.C. § 270a et seq., United States Fidelity & Guaranty Company [hereinafter referred to as U.S.F. & G.] issued its payment bond as well as its performance bond naming Hydro-Tech as principal...
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