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UNITED STATES v. ARDEN ENGINEERING ATLANTIC CONTR., INC.

No. 72-1036.

462 F.2d 1039 (1972)

UNITED STATES of America f/u/o Premier Electric International Corp., Plaintiff-Appellee, v. ARDEN ENGINEERING ATLANTIC CONTRACTORS, INC., et al., Defendants-Appellants.

United States Court of Appeals, First Circuit.

Decided July 7, 1972.

Attorney(s) appearing for the Case

John P. Birmingham, Jr., Boston, Mass., with whom Mintz, Levin, Cohn & Glovsky, Boston, Mass., was on brief, for appellants.

A. Denison Weaver, Chicago, Ill., for appellee.

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

PER CURIAM.

Premier Electric International Corp. brought this action under the Miller Act1 for the unpaid balance on its subcontract with Arden Engineering Atlantic Contractors, Inc. The latter admitted its failure to pay and set up as a "special defense" a back-charge against Premier for the value of welding done by Arden which it claims was Premier's obligation under the subcontract. The parties stipulated that the amount in controversy...

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