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UNITED STATES EX REL. TRANE CO. v. RAYMAR CONTRACTING CORP.

No. 146, Docket 32279.

406 F.2d 280 (1968)

UNITED STATES of America, for the Use and Benefit of the TRANE COMPANY, Plaintiff-Appellant, v. RAYMAR CONTRACTING CORP., Benjamin Gelman, doing business as Gelco Builders, Burjay Construction Corporation, National Surety Corporation and the Hanover Insurance Company, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided December 6, 1968.

Certiorari Denied April 21, 1969.

Attorney(s) appearing for the Case

Irving Ronald Storch, New York City, (Schwartz, Weissberger, Leichter & Storch, New York City, Herman N. Schwartz, New York City, of counsel), for appellant Trane.

Jack Hart, New York City (Hart & Hume, New York City), for appellees.

Before LUMBARD, Chief Judge, KAUFMAN and HAYS, Circuit Judges.

Certiorari Denied April 21, 1969. See 89 S.Ct. 1469.

HAYS, Circuit Judge:

Use-plaintiff The Trane Company appeals from a judgment of the United States District Court for the Southern District of New York, LLOYD F. MacMAHON, Judge, dismissing its complaint against defendants Benjamin Gelman, doing business as Gelco Builders, Burjay Construction Corporation, National Surety Corporation and The Hanover Insurance Company after trial without a jury in a suit under...

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