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UNITED STATES v. ROBBINS

Civ. A. No. 53-829.

125 F.Supp. 25 (1954)

UNITED STATES of America for the Benefit and Use of WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a corporation duly organized by law and having an usual place of business in Boston, Suffolk County, v. David A. ROBBINS, of Brookline, Norfolk County, d/b/a D. A. Robbins Electric Co., and Dale Construction Co., a corporation duly organized by law and having an usual place of business in Newton, Middlesex County, and Phoenix Indemnity Company, a corporation duly organized by law and having an usual place of business in Boston, Suffolk County.

United States District Court D. Massachusetts.

October 20, 1954.

Attorney(s) appearing for the Case

Wasserman & Salter, Boston, Mass., Bernard P. Rome, Boston, Mass., for plaintiff.

Edward H. Applestein, Cambridge, Mass., for defendant Robbins and Dale.

W. Lloyd Allen and Arthur J. Martin, Boston, Mass., for defendant Phoenix Indem. Co.

FORD, District Judge.

This is an action under the Miller Act, 40 U.S.C.A. § 270a et seq., to recover the price of certain materials allegedly furnished by the use plaintiff, Westinghouse Electric Supply Company (hereinafter called Westinghouse), for use in connection with work done at the Watertown Arsenal under a contract No. DA-19-066-Ord-1431 between the United States and defendant Dale Construction Co. (hereinafter...

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