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UNITED STATES v. AMERICAN SURETY CO. OF NEW YORK

No. L-7634.

23 F.Supp. 644 (1938)

UNITED STATES, to Use and for Benefit of FOSTER WHEELER CORPORATION, v. AMERICAN SURETY CO. OF NEW YORK.

District Court, E. D. New York.

June 7, 1938.

Attorney(s) appearing for the Case

Kamen & Ostertag, of New York City, for plaintiff.

Bigham, Englar, Jones & Houston, of New York City (W. J. Nunnally, Jr., and Henry J. Bogatko, both of New York City, of counsel), for Atlantic Basin Iron Works.

BYERS, District Judge.

Atlantic Basin Iron Works, the principal named in a bond given under the Miller Act (49 Stat. 793, 794; Title 40 U.S. C. §§ 270a and 270b, 40 U.S.C.A. §§ 270a, 270b), moves for an order permitting it to intervene in this action and directing that it be made a party defendant with an appropriate amendment of summons and complaint.

The motion is based upon an affidavit of the President which recites the giving of the...

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