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DISTRICT OF COLUMBIA v. AMERICAN EXCAVATION CO.

Civil Action No. 31410.

64 F.Supp. 19 (1946)

DISTRICT OF COLUMBIA v. AMERICAN EXCAVATION CO. et al.

District Court of the United States for the District of Columbia.

January 16, 1946.

Attorney(s) appearing for the Case

R. K. Millstein, of Washington, D. C., for claimants, for the motion.

K. K. Spriggs, of Washington, D. C., for defendant Surety Co., opposed.

HOLTZOFF, Justice.

This is a motion, by a creditor, for leave to intervene in an action on a contractor's bond, brought under Title I, Section 804, of the District of Columbia Code, 1940 Edition.

The motion is opposed on the ground that it was filed after the expiration of the period of one year, prescribed by the statute.

It is undisputed that the period of one year expired on December 21, 1945, while the motion was filed on December 28, 1945. It...

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