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UNITED STATES v. ESSENTIAL CONSTRUCTION CO., INC.

No. 71 Civ. 3713.

363 F.Supp. 681 (1973)

UNITED STATES of America for the Use of AIR STREAM PRODUCTS CO., INC., Plaintiff, v. ESSENTIAL CONSTRUCTION CO., INC., et al., Defendants.

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

September 10, 1973.

Attorney(s) appearing for the Case

Raines & Pollack, New York City, for plaintiff.

M. Carl Levine, Morgulas & Foreman, New York City, for defendants; Jerrold Morgulas, New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

This is a suit under the Miller Act (40 U.S.C. § 270a et seq) by which use plaintiff, Air Stream Products Co., Inc., seeks to recover on a payment bond for materials delivered to a subcontractor of a joint venture contractor composed of defendants, Essential Construction Co., Inc., and Himount Constructors, Ltd. The contractor and its surety, the Aetna Casualty & Surety...

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