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UNITED STATES v. ZARA CONTRACTING CO.

No. 106.

146 F.2d 606 (1944)

UNITED STATES, for Use of SUSI CONTRACTING CO., Inc., et al. v. ZARA CONTRACTING CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 18, 1944.

Attorney(s) appearing for the Case

George M. Simon, of Albany, N. Y. (McClung, Peters & Simon, of Albany, N. Y., on the brief), for plaintiffs-appellees-appellants.

Benjamin Machinist, of White Plains, N. Y. (Barrett & Machinist and James H. Barrett, all of White Plains, N. Y., on the brief), for defendant-appellant-appellee Zara Contracting Co., Inc.

Joseph F. Murray, of New York City (Murray, Kissam & Hayden, of New York City, on the brief), for defendant-appellant-appellee American Bonding Co. of Baltimore.

Before L. HAND, CHASE, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Plaintiffs, Susi Contracting Co., Inc., and D'Agostino & Cuccio, Inc., brought this action under the provisions of the Miller Act, 40 U.S.C.A. § 270a et seq., in the name of the United States against Zara Contracting Co., Inc., and American Bonding Company of Baltimore, the surety on its bond, to recover for work performed for and equipment supplied Zara in the performance of its contract with the United States, dated March 4, 1941,...

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