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UNITED STATES EX REL. MORITZ v. MERLE A. PATNODE CO.

No. 70-C-617.

323 F.Supp. 166 (1971)

UNITED STATES of America ex rel. Carl R. MORITZ, Plaintiff, v. MERLE A. PATNODE CO., Ltd., and the Aetna Casualty and Surety Company, Defendants.

United States District Court, E. D. Wisconsin.

February 5, 1971.

Attorney(s) appearing for the Case

O'Melia & Kaye, Rhinelander, Wis., for plaintiff.

Borgelt, Powell, Peterson & Frauen, Milwaukee, Wis., for defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

The defendant, Aetna Casualty and Surety Company, has moved to dismiss the complaint. In a separate motion, the plaintiff has moved to amend his complaint, and the latter motion is not opposed.

As amended, the complaint purports to assert a cause of action under 40 U. S.C. § 270b; the plaintiff seeks to recover under the Miller Act for labor and material furnished by him in connection with...

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