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U.S. v. EXPERT ENVIRONMENTAL CONTROL, INC.

Civ. A. 89-K-656.

785 F.Supp. 895 (1992)

UNITED STATES of America, for the Use and Benefit of TRUSTEES OF the COLORADO LABORERS HEALTH AND WELFARE TRUST FUND, Plaintiffs, v. EXPERT ENVIRONMENTAL CONTROL, INC., a Missouri corporation, John Bowman, Inc., a Colorado corporation, and American States Insurance Company, an Indiana corporation, Defendants.

United States District Court, D. Colorado.

March 5, 1992.

Attorney(s) appearing for the Case

Timothy J. Parsons and David B. Seserman, Denver, Colo., for plaintiffs.

Ralph A. Braden, Jr., Colorado Springs, Colo., for defendants.

ORDER ON MOTION FOR SUMMARY JUDGMENT

KANE, Senior District Judge.

This matter is before me on the motion by the Trustees of the Colorado Laborers Health and Welfare Fund (Trustees) for summary judgment in an action under the Miller Act, 40 U.S.C. §§ 270a-270c. The Trustees argue that the general contractor, John Bowman, Inc. (Bowman), and its surety, the American States Insurance Company (American States), are obligated under a Miller Act payment...

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