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UNITED STATES v. BROTHERTON

106 F.Supp. 353 (1952)

UNITED STATES for use of WANDER et al. v. BROTHERTON et al.

United States District Court S. D. New York.

July 17, 1952.

Attorney(s) appearing for the Case

Max E. Greenberg, New York City, Robert Goldstein and Max E. Greenberg, New York City, of counsel, for plaintiffs.

Winthrop, Stimson, Putnam & Roberts, New York City, Merrell E. Clark, Jr., New York City, of counsel, for defendants.

WEINFELD, District Judge.

This is a motion for partial summary judgment in an action commenced under the Miller Act1 by the plaintiffs, subcontractors, against the prime contractors and their surety to recover the value of work, labor and services performed by the plaintiffs.

The subcontractors and the prime contractors entered into an agreement under which the former agreed to furnish labor and materials for metal work in the...

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