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UNITED STATES v. CONTINENTAL CASUALTY COMPANY

Civ. A. No. 62-435.

224 F.Supp. 857 (1964)

UNITED STATES of America to the Use of Charles BETTS, trading as Betts and Brothers, Plaintiff, v. CONTINENTAL CASUALTY COMPANY and Acme Missiles & Construction Corporation, Defendants.

United States District Court W. D. Pennsylvania.

January 10, 1964.

Attorney(s) appearing for the Case

William F. Donatelli, Pittsburgh, Pa., for plaintiff.

Frank J. Gaffney, Pittsburgh, Pa., for defendant.

ROSENBERG, District Judge.

This case was tried without a jury. It was brought by virtue of the provisions contained in the Miller Act of August 24, 1935, c. 642 § 2, 49 Stat. 794, 40 U.S.C.A. § 270b(a) and (b). as amended.1

The defendant Acme Missiles & Construction Corporation (Acme) entered into a written contract in May, 1961 with the United States Army Corps of Engineers...

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