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MCGRATH v. AM. SUR. CO. OF N. Y.

307 N.Y. 552 (1954)

George W. McGrath, Respondent, v. American Surety Company of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 18, 1954

Attorney(s) appearing for the Case

Mahlon A. Freeman for appellant.

Bertram S. Bermar and Bernard Williams Cohen for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

VAN VOORHIS, J.

This appeal concerns whether the amended complaint states a cause of action. A plumbing subcontractor owes $8,500 to plaintiff for labor and services performed in the construction of a veterans' hospital at Pittsburgh, Pennsylvania. A Federal statute known as the Miller Act (U. S. Code, tit. 40, §§ 270a, 270b) requires that in the performance of such public work for the Federal Government, every general...

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