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UNITED STATES, TRIANGLE LAND. CORP. v. HOME INS. CO.

No. 75 C 67.

403 F.Supp. 320 (1975)

The UNITED STATES of America, for the Use of TRIANGLE LANDSCAPING CORPORATION, Plaintiff, v. HOME INSURANCE CO., Defendant.

United States District Court, N. D. Illinois, E. D.

October 8, 1975.

Attorney(s) appearing for the Case

Aaron, Aaron, Schimberg & Hess, Chicago, Ill., for plaintiff.

Sol A. Hoffman, Maurice L. Davis, and Alvin L. Kruse, Chicago, Ill., for defendant.

MEMORANDUM OPINION

MAROVITZ, Senior District Judge.

Motion To Dismiss

On January 8, 1975, plaintiff Triangle Landscaping Corporation ("Triangle") filed this Miller Act action invoking this Court jurisdiction pursuant to 28 U.S.C. § 1331 and 40 U.S.C. § 270a et seq. Triangle alleges that pursuant to a written subcontractor's agreement entered into on September 13, 1973 with Pathman Construction Company ("Pathman"), Triangle...

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