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UNITED STATES v. IVEY BROTHERS CONSTRUCTION COMPANY

Civ. A. No. 2108.

191 F.Supp. 383 (1961)

UNITED STATES of America for the Use and Benefit of Harris F. NOBLES, Plaintiff, v. IVEY BROTHERS CONSTRUCTION COMPANY, Inc., a Georgia corporation; James Stewart and Co., Inc., a New York corporation; and United States Casualty Company, a New York corporation, Defendants.

United States District Court D. Delaware.

January 17, 1961.

Attorney(s) appearing for the Case

Courtney H. Cummings, Jr., Killoran & Van Brunt, Wilmington, Del., for plaintiff.

Arthur J. Sullivan, Morris, James, Hitchens & Williams, Wilmington, Del., for defendants.

RODNEY, Senior District Judge.

This is a motion by the plaintiff for summary judgment against the United States Casualty Company, the surety on a building contract. The action is founded on the Miller Act, 40 U.S.C.A. § 270a et seq.

The complaint sets out an employment of the plaintiff as a superintendent on the work at a salary of $200 per week and expenses, and is particularly based upon a writing attached...

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