SAM FINLEY, INC. v. PILCHER, LIVINGSTON & WALLACE, INC.

No. 1461.

314 F.Supp. 654 (1970)

SAM FINLEY, INC., Plaintiff, v. PILCHER, LIVINGSTON & WALLACE, INC. and Fidelity and Deposit Company of Maryland, Defendants.

United States District Court, S. D. Georgia, Augusta Division.

July 10, 1970.


Attorney(s) appearing for the Case

Richard B. Russell, IV, Paul Webb, Jr., Bertram S. Boley, Atlanta, Ga., for plaintiff.

Edward E. Dorsey, James H. Keaten, Atlanta, Ga., for Fidelity and Deposit Co. of Maryland.


ORDER

LAWRENCE, Chief Judge.

Under the terms of the Miller Act no suit "shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied." 40 U.S.C. § 270b. The complaint in this case alleges that all labor and materials were furnished by Sam Finley, Inc. prior to April 1, 1968. The suit was filed on May 28, 1969 — some two months...

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