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UNITED STATES v. GLENS FALLS INS. CO.

No. 80-CV-868.

534 F.Supp. 109 (1981)

UNITED STATES of America, Plaintiff, v. GLENS FALLS INSURANCE COMPANY, Defendant.

United States District Court, N. D. New York.

November 23, 1981.

Attorney(s) appearing for the Case

George H. Lowe, U. S. Atty., N. D. New York, Syracuse, N. Y., for plaintiff; George A. Yanthis, Asst. U. S. Atty., Albany, N. Y., of counsel.

Charles E. Snow, Albany, N. Y., for defendant.

MEMORANDUM-DECISION and ORDER

MINER, District Judge.

I.

This is an action to recover for monies allegedly due the Government under the terms of a performance bond issued by defendant as surety for a defaulting contractor. Jurisdiction is founded upon the provisions of 28 U.S.C. § 1345. Before this Court is the Government's motion for (1) an order pursuant to Rule 56 of the Fed.R. Civ.P. granting summary judgment on the grounds that the defendant...

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