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U.S. FOR USE OF MOD-FORM, INC. v. BARTON & BARTON, CO.

No. 90-CV-71387-DT.

769 F.Supp. 235 (1991)

UNITED STATES, for the Use and Benefit of MOD-FORM, INC., a Michigan Corporation, Defendant, v. BARTON & BARTON COMPANY, a Michigan Corporation, Defendant/Counter-Plaintiff and Employers Insurance of Wausau, Defendant.

United States District Court, E.D. Michigan, S.D.

August 13, 1991.

Attorney(s) appearing for the Case

John C. Schultes, Detroit, Mich., for plaintiff U.S. for the Use and Benefit of Mod-Form, Inc.

Patrick A. Facca, Federlein, Grylls & Keranen, Royal Oak, Mich., for defendant/counter-plaintiff Barton & Barton Co.

Patrick A. Facca, Federlein, Grylls & Keranen, Royal Oak, Mich., for defendant Employers Ins. of Wausau.

OPINION

GADOLA, District Judge.

Background of Litigation

This cause was tried to the court as a non-jury matter.

The suit involves claims by plaintiff Mod-Form, Inc., as subcontractor, against defendant Barton & Barton Company, the general contractor on a project for the remodeling of a stair tower building at the U.S. Army Detroit Arsenal. The claims are made under the Miller Act, and are governed thereby. 40 U.S.C. § 270a...

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