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UNITED STATES v. DIAMOND CONSTRUCTION, INC.

Civ. A. No. 82-3331-C.

582 F.Supp. 886 (1984)

UNITED STATES of America for the Use of KANE OF NEW ENGLAND, INC., Plaintiff, v. DIAMOND CONSTRUCTION, INC. and Aetna Casualty and Surety Company, Defendants.

United States District Court, D. Massachusetts.

April 18, 1984.

Attorney(s) appearing for the Case

Michael H. Cohen, Rudolph, Andrews & Kroner, Georgetown, Mass., for plaintiff.

John W. Fieldsteel, Withington, Cross, Park & Groden, Boston, Mass., for Aetna Cas. and Sur. Co.

MEMORANDUM

CAFFREY, Chief Judge.

This is a civil action brought under the Miller Act, 40 U.S.C. § 270a et seq. by Kane of New England, Inc. (Kane) against Diamond Construction, Inc. (Diamond) and Aetna Casualty and Surety Company (Aetna).

This Court filed a memorandum on March 5, 1984 setting out its ruling on Aetna's motion to dismiss based on the statute of limitations. Aetna was surety on the performance and payment bond issued by...

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