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UNITED STATES, ETC. v. LANE CONST. CORP.

Civ. No. 78-795.

477 F.Supp. 400 (1979)

The UNITED STATES of America for the Use and Benefit of PARKER-HANNIFIN CORPORATION, Plaintiff, v. The LANE CONSTRUCTION CORPORATION et al., Defendants.

United States District Court, M. D. Pennsylvania.

As Amended November 14, 1979.

Attorney(s) appearing for the Case

Andrew Hailstone, Henkelman, McMenamin, Kreder & O'Connell, Scranton, Pa., Alan R. Lepene, Thompson, Hine & Flory, Cleveland, Ohio, for plaintiff.

Harrison C. Warren, Meriden, Conn., Jack M. Hartman, Shearer, Mette & Woodside, Harrisburg, Pa., for defendants.

OPINION

MUIR, District Judge.

I. Introduction.

The above action was filed in the name of the United States of America for the use and benefit of the Parker-Hannifin Corporation (Parker) under the Miller Act, 40 U.S.C. § 270a et seq., seeking recovery on a payment bond posted by the Defendants in accordance with the provisions of the Miller Act. Parker asserts that it has not been paid for the manufacture of hydraulic cylinders which were utilized...

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