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U.S., TRANS-COLORADO CONCRETE v. MIDWEST CONST. CO.

Civ. A. No. 86-K-958.

653 F.Supp. 903 (1987)

UNITED STATES of America, for the Use and Benefit of TRANS-COLORADO CONCRETE, INC., a Colorado corporation, Plaintiff, v. MIDWEST CONSTRUCTION COMPANY, a Nebraska corporation, and Insurance Company of North America, a Pennsylvania corporation, Defendants.

United States District Court, D. Colorado.

February 18, 1987.

Attorney(s) appearing for the Case

Michael Paul Medved, Hendricks and Hendricks, P.C., Colorado Springs, Colo., for plaintiff.

Paul T. Gefreh, Colorado Springs, Colo., and Frederick D. Stehlik, Stehlik, Smith, Trustin & Schweer, Omaha, Neb., for defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is an action by the United States, on behalf of Trans-Colorado Concrete, to recover transportation costs incurred by plaintiff in delivering concrete to certain job sites for bridge repair and replacement at Fort Carson, Colorado. Plaintiff has moved for summary judgment. Jurisdiction is alleged under 40 U.S.C. § 270a-c, commonly known as the Miller Act.

The facts are undisputed. On August...

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