UNITED STATES v. CONTINENTAL CASUALTY COMPANY

Civ. A. No. 62-435.

230 F.Supp. 557 (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.

May 11, 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 is a motion for a new trial by the defendants.

Suit was brought under the provisions of 49 Stat. 793 (1935). U.S.C. Title 40, §§ 270a, 270b, 270c and 270d, as amended, commonly known as the Miller Act.

The use-plaintiff brought this action to recover damages because the defendants failed to pay the use-plaintiff for materials supplied to David R. Murphy (Murphy), sub-contractor, for Acme Missiles & Construction...

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