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UNITED STATES, ETC. v. DeMATTEO CONST. CO.

No. Civil B76-395.

467 F.Supp. 22 (1979)

UNITED STATES of America for the Use and Benefit of RAYMOND A. BERGEN, INC., Plaintiff, v. DeMATTEO CONSTRUCTION COMPANY, Travelers Insurance Company, Defendants.

United States District Court, D. Connecticut.

January 22, 1979.

Attorney(s) appearing for the Case

Edward F. Kunin, Bridgeport, Conn., for plaintiff.

Angelo P. Costa, Bridgeport, Conn., for Bridgeport Pipe Engineering Co., Inc.

Donald G. Walsh, M. Mitchell Morse, New Haven, Conn., for defendants.

MEMORANDUM OF DECISION ON CROSS MOTIONS FOR SUMMARY JUDGMENT

DALY, District Judge.

I

This is a subcontractor's action under the Miller Act, 40 U.S.C. § 270a and § 270b, to recover on the prime contractor's bond for materials furnished for use in the construction of a United States postal facility. Arising in the context of cross motions for summary judgment, the critical issue is whether the use plaintiff provided the prime contractor...

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