UNITED STATES v. VERRIER

No. 1102 N.D.

179 F.Supp. 336 (1959)

UNITED STATES of America for the use and benefit of ALLEN CONSTRUCTION CORP. v. Robert A. VERRIER, d/b/a Verrier Construction Co. and American Surety Company, Hartford Accident & Indemnity Company, Massachusetts Bonding & Insurance Company, Continental Casualty Co., New Amsterdam Casualty Company.

United States District Court. D. Maine, N. D.

December 7, 1959.


Attorney(s) appearing for the Case

Lewis I. Naiman, Gardiner, Me., Francis E. Day, Bangor, Me., for plaintiff.

Robert D. Schwarz, Herbert H. Bennett, Portland, Me., for defendant.


GIGNOUX, District Judge.

This matter comes before the Court upon the defendants' motions for summary judgment in their favor upon the claim set forth in the complaint and upon the counterclaim set forth in the answer. Fed.R.Civ.P. 56, 28 U.S.C.A.

The principal action arises under the Miller Act, 40 U.S.C.A. §§ 270a-270d. It seeks recovery of the sum of $159,680.70, plus interest, alleged to be due the use plaintiff Allen Construction Corp. for labor...

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