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UNITED STATES v. EDWARD R. MARDEN CORP.

Nos. 7201, 7202.

406 F.2d 525 (1969)

UNITED STATES of America, for the Use of WRECKING CORPORATION OF AMERICA, Petitioner, Appellant, v. EDWARD R. MARDEN CORP. et al., Respondents (two cases). Appeal of EDWARD R. MARDEN CORP.

United States Court of Appeals First Circuit.

Decided January 27, 1969.

Attorney(s) appearing for the Case

Steven James Cohen, Boston, Mass., with whom Edward J. Barshak and Sugarman, Alberts, Rogers & Barshak, Boston, Mass., were on brief, for United States of America for the use of Wrecking Corporation of America.

Stanley S. Ganz, Boston, Mass., with whom Charles H. Riley, Jr., and Ganz & Ham, Boston, Mass., were on brief, for Edward R. Marden Corp., and others.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

PER CURIAM.

Wrecking Corporation of America (Wrecking), was a subcontractor under Edward R. Marden Corp., which had a contract to construct a building for the Navy. As required by the Miller Act, 40 U.S.C. § 270a et seq., Marden posted a payment bond with two sureties, Planet Insurance Company and American Re-Insurance Company. Work was completed by Wrecking in December, 1966. There remained something in excess of $52,000 claimed from Marden by Wrecking under...

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