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AUSTIN ELCON CORP. v. AVCO CORP.

Civ. A. Nos. A-81-CA-150, A-81-CA-153.

590 F.Supp. 507 (1984)

AUSTIN ELCON CORP., Plaintiff, v. AVCO CORP., Defendant.

United States District Court, W.D. Texas, Austin Division.

May 29, 1984.

Attorney(s) appearing for the Case

Joseph Latting, Donald Scott Thomas, Clark, Thomas, Winters & Shapiro, Austin, Tex., for plaintiff.

John J. McKetta, Robert M. Roller, Graves, Dougherty, Hearon, Moody & Garwood, Austin, Tex., for defendant.

MEMORANDUM OPINION

JACK ROBERTS, Senior District Judge.

This is a suit by a subcontractor against a prime contractor and its sureties upon a performance bond. The action was brought under the Miller Act, 40 U.S.C.A. §§ 270a-270d (West 1969 & Supp.1984). The subcontractor, Austin Elcon Corp., contends that the prime contractor, Avco Corp., is withholding payment for delay costs and extra work that the parties had agreed on in the course of a...

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