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UNITED STATES v. SCOTLAND CONCRETE COMPANY

Civ. No. 583.

294 F.Supp. 1299 (1968)

The UNITED STATES of America for the Use and Benefit of MALPASS CONSTRUCTION COMPANY, Inc., a Virginia Corporation, Plaintiffs, v. SCOTLAND CONCRETE COMPANY, Inc., a North Carolina Corporation, and Hartford Accident and Indemnity Company, a Connecticut Corporation and Ballard's Crane Service, Inc., a Virginia Corporation, Defendants.

United States District Court E. D. North Carolina, Elizabeth City Division.

December 5, 1968.

Attorney(s) appearing for the Case

Joseph J. Flythe, Ahoskie, N. C., for plaintiffs.

Hall & Hall, Elizabeth City, N. C., for defendants.

OPINION

KELLAM, District Judge.

Plaintiff filed this Miller Act1 action against Scotland Concrete Company, Incorporated (Scotland), the prime contractor, Ballard Crane Service, Incorporated (Ballard), a sub-contractor, and Hartford Accident and Indemnity Company (Hartford), surety on the prime contractor's bond given pursuant to the provisions of the Miller Act.2

Scotland entered into contract...

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