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UNITED STATES v. CALVADA, INC.

Civ. No. 3857.

155 F.Supp. 744 (1952)

UNITED STATES of America for the use and benefit of Morris C. SOPER, Plaintiff, v. CALVADA, Inc., a corporation, and Fidelity and Deposit Company of Maryland, a corporation, Defendants.

United States District Court N. D. New York.

April 30, 1952.

Attorney(s) appearing for the Case

Giles, Fuller & Goodwin, Watertown, N. Y., for plaintiff, Harry Kalman, New York City, of counsel.

Dugan, Barkhuff & Dugan, Albany, N. Y., for defendant F. & D. Co., William L. Wallace, New York City, of counsel.

Maurice Edelbaum, Brooklyn, N. Y., for defendant Calvada.

FOLEY, District Judge.

This action was tried by the court commencing on April 18, 1951 and concluding on April 24, 1951. The action is brought under the Miller Act, 40 U.S.C.A. §§ 270a to 270d. The record discloses that twenty-five days were allowed to the attorneys after the transcription of the minutes for the filing and exchanging of briefs. Thereafter, there was no voluntary communication by any of the attorneys with the court concerning the status of...

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