FRANCIS J. W. FORD, District Judge.
This is an action under the Miller Act, 40 U.S.C.A. § 270b in which use plaintiff, a subcontractor, for work to be performed in the construction of a missile site at Danvers, Massachusetts, seeks to recover from prime contractor and the surety on its payment bond the balance allegedly due for labor and materials furnished under the subcontract. Plaintiff moves to strike the second and third defenses of defendants' answer, both...
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