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U.S. FOR USE OF CORTOLANO & BARONE v. MORANO CONST.

No. 87 Civ. 4920 (RWS).

724 F.Supp. 88 (1989)

UNITED STATES of America for the Use and Benefit of CORTOLANO & BARONE, INC., Plaintiff, v. MORANO CONSTRUCTION CORPORATION, f/k/a Morano Excavating, Inc., Fireman's Fund Insurance Company, and the American Insurance Company, Defendants. MORANO CONSTRUCTION CORPORATION, f/k/a Morano Excavating, Inc., Defendant and Counterclaimant, v. INTERNATIONAL FIDELITY INSURANCE COMPANY, Counterclaim Defendant.

United States District Court, S.D. New York.

September 21, 1989.

Attorney(s) appearing for the Case

Melvin J. Kalish, New York City, for plaintiff and counterclaim defendant.

Berman, Paley, Goldstein & Berman, New York City, for defendants; Howard Burger, of counsel.

SWEET, District Judge.

Plaintiff Cortolano & Barone, Inc. ("C & B"), a subcontractor on a United States of America project at Stewart International Airport, brought this action under the Miller Act, 40 U.S.C. § 270a et seq., against a prime contractor on the project, Morano Construction Corporation ("Morano") and its sureties who then counterclaimed against C & B and its surety. After a bench trial, judgment will be entered in accordance with...

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