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U.S. FOR ARGYLE CUT STONE v. PASCHEN CONTRACTORS

No. 86 C 4495.

664 F.Supp. 298 (1987)

UNITED STATES of America For the Use of ARGYLE CUT STONE CO., INC., an Illinois Corporation, Plaintiff, v. PASCHEN CONTRACTORS, INC., a Delaware Corporation; Gust K. Newberg, Inc., an Illinois Corporation; Paschen/Newberg Joint Venture, a Joint Venture; Thorlief Larsen & Son, Inc., an Illinois Corporation; the Aetna Casualty & Surety Company, an Insurance Corporation; Hartford Fire Insurance Company; and the United States of America, Veterans Administration, Defendants.

United States District Court, N.D. Illinois, E.D.

January 6, 1987.

Attorney(s) appearing for the Case

Anthony Campanale, Edward Boraz, Landesman & Schwartz, Chicago, Ill., for plaintiff.

Eileen M. Marutsky, Asst. U.S. Atty., Chicago, Ill., Kirk L. Miller, O'Halloran Lively & Walker, Northbrook, Ill., Eric A. Oesterle, Sonnenschein Carlin Nath & Rosenthal, Chicago, Ill., for defendants.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff United States of America, for the use of Argyle Cut Stone, Inc. ("Argyle") has brought this action against several defendants asserting causes of actions under the Miller Act, 40 U.S.C. §§ 270a-270d, and several pendant state law claims. Currently before the Court is a motion to dismiss under Fed.R.Civ.P. 12(b)(6) Counts VII, IX and X of the amended complaint by pendant party defendant...

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