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U.S. v. C.B.C. ENTERPRISES, INC.

Civ. A. No. 2:92cv477.

820 F.Supp. 242 (1993)

UNITED STATES of America for the Use and Benefit of WHITAKER'S INC. OF SUMTER, Plaintiff, v. C.B.C. ENTERPRISES, INC., and Reliance Insurance Company, Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

April 30, 1993.

Attorney(s) appearing for the Case

William Albert Cox, III, Kellam, Pickrell, Cox & Taylor, Virginia Beach, VA, for plaintiff.

Benjamin Arthur Hubbard, III, Outland, Gray, O'Keefe & Hubbard, Chesapeake, VA, for defendants.

ORDER AND OPINION

MORGAN, District Judge.

PROCEDURAL BACKGROUND

On June 24, 1992, Plaintiff Whitaker's Inc. of Sumter ("Whitaker's") filed this action against Defendants C.B.C. Enterprises, Inc. ("C.B.C.") and Reliance Insurance Company ("Reliance"). Plaintiff brought suit pursuant to the Miller Act, 40 U.S.C. § 270b, charging the Defendants in Count I with refusing to tender funds owed to Plaintiff...

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