MEMORANDUM
MORTON, District Judge.
Plaintiff Shankle-Clairday, Inc. brings suit pursuant to the provisions of the Miller Act, 40 U.S.C. § 270a et seq. to recover for material furnished to defendant J. Harvey Crow, a contractor. United States Fidelity & Guaranty Company is sued as surety for defendant Crow. Crow seeks recovery from plaintiff of damages allegedly resulting from the latter's failure to timely perform its contract. This surety...
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