UNITED STATES v. KAGAN

Civ. A. No. 54-151.

129 F.Supp. 331 (1955)

UNITED STATES of America for the use and benefit of FRANKLIN PAINT COMPANY, Inc. v. Sidney J. KAGAN et al.

United States District Court, D. Massachusetts.

March 16, 1955.


Attorney(s) appearing for the Case

Ralph C. Harper, Blake & Harper, Boston, Mass., for plaintiff.

Joseph C. Duggan, Edward T. Duggan, New Bedford, Mass., for defendant.


ALDRICH, District Judge.

At the pre-trial of this case, brought under the Miller Act, the parties stipulated all of the issues except one, namely whether the plaintiff had complied with the provisions of 40 U.S.C.A. § 270b(a) requiring it to give written notice to the defendant within 90 days from the time it furnished the supplies in question. On this subject I am given the original correspondence.

On July 17, 1952, within the 90 days, the plaintiff...

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