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UNITED STATES v. R. P. McTEAGUE CONSTRUCTION CORP.

No. 64-C-1092.

264 F.Supp. 619 (1967)

UNITED STATES of America for the Use and Benefit of TWIN COUNTY TRANSIT MIX, INC., Plaintiff, v. R. P. McTEAGUE CONSTRUCTION CORP., Fidelity and Deposit Company of Maryland and Jondray Construction Corp., Defendants.

United States District Court E. D. New York.

February 20, 1967.

Attorney(s) appearing for the Case

Max E. Greenberg, New York City, for plaintiff; Norman Roth, New York City, of counsel.

Paltrow & Pudalov, Massapequa Park, N. Y., for defendants R. P. McTeague Const. Corp. and Fidelity & Deposit Co. of Maryland; Murray Pudalov, Massapequa Park, N. Y., of counsel.

BARTELS, District Judge.

The United States has instituted this suit on behalf of Twin County Transit Mix, Inc. (referred to herein as the plaintiff) on a bond given by the defendant R. P. McTeague Construction Corp. (McTeague) under the Miller Act, 40 U.S.C.A. § 270a-d, for the purpose of securing payment for labor and material supplied under a contract entered into by McTeague with the Government.

McTeague was the general contractor for the construction...

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