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U. S. v. EMPLOYERS MUT. LIABILITY INS. CO. OF WIS.

Civ. A. No. 79-733-A.

495 F.Supp. 840 (1980)

UNITED STATES of America for the use of AFT Inc. v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN v. ROBERT BUILDERS, INC., Domenic A. Macioce, Jr., Anita A. Macioce, and Robert C. Macioce.

United States District Court, W. D. Pennsylvania.

August 27, 1980.

Attorney(s) appearing for the Case

John F. Becker, Sikov & Love, P. A., Pittsburgh, Pa., for plaintiff AFT Inc.

Marshall J. Conn and Jack W. Plowman, Pittsburgh, Pa., for defendant Employers Mut. Liability.

John A. Tumolo, Pittsburgh, Pa., for third-party defendants Robert Builders, et al.

OPINION

WEBER, Chief Judge.

This is an action to recover funds from a surety bond, brought in this court under the Miller Act, 40 U.S.C. §§ 270a-270d. The plaintiff in this action, AFT Inc., is a Pennsylvania corporation engaged in the business of supplying labor and equipment to construction contractors. In the course of its business AFT supplied Robert Builders, Inc., a general contractor, with labor and materials as part of a construction project...

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