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UNITED STATES v. HARDER INDUSTRIAL CONTRACTORS, INC.

Civ. No. 63-51.

225 F.Supp. 699 (1963)

UNITED STATES of America, for the Use of WEST PACIFIC SALES CO., Inc., a corporation, Plaintiff, v. HARDER INDUSTRIAL CONTRACTORS, INC., a corporation, and General Insurance Company of America, a corporation, Defendants.

United States District Court D. Oregon.

November 27, 1963.

Attorney(s) appearing for the Case

Paul Meyer, of Kobin & Meyer, Portland, Or., for plaintiff.

James R. Ellis, of Bobbitt & Ellis, Portland, Or., for defendants.

KILKENNY, District Judge.

West Pacific prosecutes this action against defendants on two theories:

(1) That the payment bond, under consideration, was posted pursuant to the provisions of the Miller Act, 40 U.S.C. § 270a et seq. and that it comes within the scope of the protection provided by the Act and the bond.

(2) That the bond is one authorized by federal law and, even though the Miller Act is not applicable, the plaintiff comes within the...

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