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U.S. FOR USE OF DDC INTERIORS v. DAWSON CONST. CO.

Civ. A. No. 94-B-2699.

895 F.Supp. 270 (1995)

UNITED STATES of America for the Use of DDC INTERIORS, INC., Plaintiff, v. DAWSON CONSTRUCTION COMPANY, INC. and United States Fidelity and Guaranty Company, Defendants.

United States District Court, D. Colorado.

July 25, 1995.

Attorney(s) appearing for the Case

Hugh J. McClern, Milton L. Smith, Sherman & Howard, Denver, CO, for plaintiff.

Marcella T. Clark, Lowery & Clark, P.C., Denver, CO, D. Lee Roberts, Jr., Ware, Snow, Fogel, Jackson & Greene, Atlanta, GA, for defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

This is a Miller Act case. 40 U.S.C. § 270a. Dawson Construction Co., Inc. (Dawson or prime contractor) and United States Fidelity and Guaranty Company (USF & G) (collectively, defendants) move to stay proceedings. Hearing was held on the motion on July 21, 1995. For the following reasons, I will deny defendants' motion.

I.

In January, 1992, Dawson contracted with the United...

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