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SILVER HILL CONCRETE CORP. v. THOMASON INDUSTRIES

Civ. A. No. 81-2542.

556 F.Supp. 291 (1982)

SILVER HILL CONCRETE CORP. (United States of America for Use and Benefit of Silver Hill Concrete Corp.), Plaintiff, v. THOMASON INDUSTRIES CORPORATION, Curtin & Johnson, Inc. and Peerless Insurance Company, Defendants.

United States District Court, District of Columbia.

July 20, 1982.

Attorney(s) appearing for the Case

John I. Heise, Jr., John P. Rhody, Jr., Steven P. Henne, Silver Spring, for Silver Hill Concrete Corp.

Jack Rephan, Washington, D.C., for Thomason Industries Corp. and Peerless Ins. Co.

Leon William Dunn, Jr., Manuel A. Palau, Beltsville, Md., Robert J. Sheridan, Washington, D.C., for Curtin & Johnson, Inc.

MEMORANDUM

GESELL, District Judge.

This is a Miller Act claim by a materialman arising out of the construction of Pershing Park, a Pennsylvania Avenue Development Corporation (PADC) project. Plaintiff Silver Hill supplied cement to Curtin & Johnson, a first-tier subcontractor of Thomason Industries Corporation. Thomason, the prime contractor for the project, is sued along with Peerless Insurance Company, the surety on the bond. The case was tried to...

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