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U.S. v. FREEDOM PLUMBING AND HEATING

No. 90 Civ. 2816 (VLB).

802 F.Supp. 1013 (1992)

UNITED STATES of America for the use and benefit of R.I.M. PLUMBING and HEATING SUPPLY, INC., Plaintiff, v. FREEDOM PLUMBING AND HEATING, INC., et al., Defendants. MERRITT MERIDIAN CONSTRUCTION CORP., Third-Party Plaintiff, v. Steven G. BARKANYI and Harry Ritz, Third-Party Defendants.

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

September 28, 1992.

Attorney(s) appearing for the Case

Laurence D. Kleinman, and Donna R. Cohen, Kleinman & Saltzman, West Nyack, N.Y., for plaintiff.

Stephen P. O'Hare, Hopewell Junction, N.Y., for defendants.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

In this Miller Act case (based upon 40 U.S.C. § 270a et seq.), plaintiff seeks to recover from a surety (General Insurance Company of America) and a prime contractor (Meridian Construction Corp.) because a designee of a subcontractor failed to pay plaintiff for materials used in a postal construction job.

The parties have consented to a non-jury trial before United States Magistrate Judge...

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