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HANOVER INSURANCE COMPANY v. UNITED STATES

No. 65-Civ. 3770.

279 F.Supp. 851 (1967)

The HANOVER INSURANCE COMPANY, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court S. D. New York.

March 31, 1967.

Attorney(s) appearing for the Case

Hart & Hume, New York City, by Lewis Stockman, New York City, of counsel, for plaintiff.

Robert M. Morgenthau, U. S. Atty., for the Southern Dist. of New York, New York City, for the United States, by Dawnald R. Henderson, Asst. U. S. Atty., of counsel.

MEMORANDUM

CROAKE, District Judge.

The complaint in this action alleges that plaintiff was a surety on performance and payment bonds executed on December 30, 1959 in connection with a federal construction contract, for work to be performed at the Maximum Security Penitentiary in Marion, Illinois. The bonds were issued pursuant to the Miller Act, 40 U.S.C. § 270a et seq., on behalf of Henry C. Pulley d/b/a Pulley & Sons Construction Co. (hereafter...

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