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U.S. FOR B & R, INC. v. DONALD LANE CONST.

Civ.A. No. 97-198 MMS.

19 F.Supp.2d 217 (1998)

UNITED STATES of America for the Use and Benefit of B & R, INC., Plaintiff, v. DONALD LANE CONSTRUCTION, Commercial Industrial Construction & Supply Company, Inc., an Ohio corporation, and National Surety Corporation, a Delaware corporation, Defendants.

United States District Court, D. Delaware.

Decided August 14, 1998.

Attorney(s) appearing for the Case

G. Kevin Fasic, of Tighe, Cottrell & Logan, P.A., Wilmington, Delaware; for use Plaintiff B & R, Inc.

David S. Lank, of Theisen, Lank, Mulford & Goldberg, P.A., Wilmington, Delaware; Of Counsel: Christopher L. Grant, Washington, DC; for defendants Commercial Industrial Construction & Supply Company, Inc., and National Surety Corporation.

OPINION

MURRAY M. SCHWARTZ, Senior District Judge.

Introduction

Use plaintiff B & R, Inc. ("B & R")1 filed a complaint on April 21, 1997 against Donald Lane Construction ("Lane"), Commercial Industrial Construction & Supply Co., Inc. ("CICS"), and National Surety Corporation ("NSC"). The complaint, which arose out of labor performed by B & R in 1996 as part of a construction project, stated a...

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