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UNITED STATES v. BENCON CONSTRUCTION CO.

Civ. No. 15568.

248 F.Supp. 502 (1965)

UNITED STATES of America, for the Use and Benefit of TAYKINSWELL, INC., a body corporate v. BENCON CONSTRUCTION CO., Inc., a corporation and The Aetna Casualty and Surety Company, a body corporate.

United States District Court D. Maryland.

December 28, 1965.

Attorney(s) appearing for the Case

John W. Marcuse, Baltimore, Md., and Warren E. Magee and Thomas G. Laughlin, Washington, D. C., for plaintiff.

William A. Fisher, Jr., Baltimore, Md., and Alexander M. Heron, Washington, D. C., for defendants.

THOMSEN, Chief Judge.

This action under the Miller Act, 40 U.S.C.A. 270a et seq., was filed on May 18, 1963. Defendants have pleaded as a second defense that the claim is barred by section 270b, as amended in 1959, which now provides that "[N]o such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied" by the use-plaintiff.

The parties agreed, and the Court ordered, that...

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