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FROMMEYER v. L. & R. CONSTRUCTION CO.

Civ. A. No. 851-55.

139 F.Supp. 579 (1956)

Augustus C. FROMMEYER, Charles M. Foley, and Joseph E. Murphy, co-partners doing business as Frommeyer and Company, a partnership, and United States of America for the use of Augustus C. Frommeyer, Charles M. Foley and Joseph B. Murphy, co-partners doing business as Frommeyer and Company, a partnership, Plaintiffs, v. L. & R. CONSTRUCTION CO., Inc., a corporation, American Surety Company of New York, a corporation, Wortmann & Sons, Inc., a corporation, and Seaboard Surety Company, a corporation, Defendants.

United States District Court D. New Jersey.

March 27, 1956.

Attorney(s) appearing for the Case

Howard K. Shaw, Trenton, N. J., for defendant American Surety Co., and Swartz, Campbell & Henry, Philadelphia, Pa., by Herbert A. Barton, Philadelphia, Pa., of counsel, for the motion.

Minton, Dinsmore & Lane, Trenton, N. J., for plaintiffs. Henry Stuckert Miller, Norristown, Pa., of counsel, and Victor Ruskin, Jersey City, N. J., for defendants Wortmann & Sons, Inc., and Seaboard Surety Co. contra.

FORMAN, Chief Judge.

The complaint in this case alleges, among other things, that:

On January 28, 1953 the defendant Wortmann & Sons, Inc. entered into a contract as prime contractor with the United States for the construction of Air Force Bachelor Officers Quarters at the McGuire Air Force Base at Wrightstown, New Jersey. Wortmann gave both the payment and performance bonds required by the Miller Act1 with itself as

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