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AMERICAN CASUALTY COMPANY OF READING, PA. v. ASSIRAN

Civ. A. No. 67-445.

289 F.Supp. 645 (1968)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA v. Philip J. ASSIRAN, Receiver of Macon Construction and Engineering Corp., et al.

United States District Court D. Massachusetts.

September 10, 1968.

Attorney(s) appearing for the Case

Samuel H. Cohen, Cohen & Galvin, Boston, Mass., for American Cas. Co. of Reading, Pa.

Morris Michelson, Henry Friedman, Boston, Mass., for Rhode Island Hospital Trust Co.

OPINION

WYZANSKI, Chief Judge.

This interpleader action has been brought by American Casualty Company of Reading, Pennsylvania, the surety on a Miller Act (40 U.S.Code § 270a et seq.) bond conditioned upon the principal's payment to all persons supplying labor and materials in the prosecution of the contract. Every material fact has been stipulated.

Macon Construction and Engineering Corporation (Macon), the principal named in the bond, has...

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