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UNITED STATES v. MONTGOMERY

Civ. A. No. 19721.

155 F.Supp. 384 (1957)

UNITED STATES of America for the Use of Joseph W. REICHENBACH, Jr., and John L. C. McCalla, co-partners trading as Reichenbach and McCalla, a partnership, v. Joseph W. MONTGOMERY, an individual, trading as Montgomery Construction Company; and United States Fidelity & Guaranty Company, a corporation.

United States District Court E. D. Pennsylvania.

October 10, 1957.

Attorney(s) appearing for the Case

F. C. Fiechter, Jr., Philadelphia, Pa., with Henry S. Miller, Jenkintown, Pa., for plaintiffs.

Robert H. Arronson, Philadelphia, Pa., for defendants.

KRAFT, District Judge.

Following a jury verdict for the use-plaintiffs, both the defendants and the use-plaintiffs filed the motions, now before the court, to set aside the verdict and to enter judgment in accordance with their respective motions for directed verdict. The use-plaintiffs' motion for new trial has been withdrawn and defendants have filed none.

The use-plaintiffs (subcontractors) brought this action under the Miller Act1

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