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UNITED STATES v. FLEISHER ENGINEERING & CONSTR. CO.

Civ. No. 359.

45 F.Supp. 781 (1942)

UNITED STATES, for Use and Benefit of GENESEE SAND & GRAVEL CORPORATION, v. FLEISHER ENGINEERING & CONSTRUCTION CO. et al.

District Court, W. D. New York.

July 10, 1942.

Attorney(s) appearing for the Case

Lansdowne & Lansdowne, of Buffalo, N. Y., for plaintiff.

Gibbons, Pottle & Pottle, of Buffalo, N. Y., for defendants.

KNIGHT, District Judge.

This is an action under the Miller Act, Chapt. 642, Laws of 1935, 40 U.S.C.A. § 270a et seq. The complaint contains four several alleged causes of action. The first three described causes are claimed to arise out of the failure to pay for labor and materials furnished by the plaintiff to Easthom-Melvin Company, Inc., sub-contractor, to the defendants Fleisher Engineering & Construction Company...

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