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UNITED STATES v. WARREN CORP.

Civ. A. No. 84-1502-Y.

624 F.Supp. 1163 (1986)

UNITED STATES of America, for the use and benefit of P.J. Keating Company, Plaintiff, v. WARREN CORPORATION and National Grange Mutual Insurance Company, Defendant, Third-Party Plaintiff, v. BAKER FENCE, INC.; Salvatore Cosimi; Capone Bros., Inc.; Miller Engineering & Testing, Inc.; John D. Mazzaferro; John McCourt Co.; P.J. Equipment, Inc.; the Hession Company, Inc.; and the United States of America (Internal Revenue Service), Third-Party Defendants.

United States District Court, D. Massachusetts.

January 13, 1986.

Attorney(s) appearing for the Case

Jerome A. McCusker, Riemer & Braunstein, Boston, Mass., for plaintiff.

Steven J. Comen, Snyder, Tepper & Comen, Boston, Mass., for John McCourt Co.

Stephen E. Weyl, Debra L. Weiss, Sheehan, Phinney, Bass, & Green, Manchester, N.H., for Miller Engineering.

Leonard Salter, Wasserman, Salter & Rome, Boston, Mass., for Baker Fence.

Thomas J. Clark, Tax Div. Dept. of Justice, Washington, D.C., for the IRS.

Charles E. Snow, Charles E. O'Brien, Albany, N.Y., for defendant.

Bartholomew P. Molloy, Tyler & Reynolds, Boston, Mass., for National Grange.

John J. Curley, III, McEvilly & Curley, Leominster, Mass., for third party defendant.

MEMORANDUM OF DECISION

YOUNG, District Judge.

This is a case brought under the Miller Act, 40 U.S.C. § 270a et seq. On September 30, 1982 the defendant, Warren Corporation ("Warren"), entered into a contract with the United States Department of the Army (the "Army") for the reconstruction of a roadway at Fort Devens, Ayer, Massachusetts (the "contract"). As required by the Miller Act, Warren provided a performance bond and a payment bond covering...

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