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UNITED STATES v. MATTINGLY BRIDGE CO.

Civ. A. No. 6902.

344 F.Supp. 459 (1972)

UNITED STATES of America for the Use of Jack L. MILLER, t/d/b as Miller Lumber Company, Plaintiff, v. MATTINGLY BRIDGE CO., Inc., et al., Defendants.

United States District Court, W. D. Kentucky, Louisville Division.

February 2, 1972.

Attorney(s) appearing for the Case

E. Preston Young, Louisville, Ky., for plaintiff.

Robert L. Maddox, Jr., J. Kendrick Wells, III, Louisville, Ky., for defendants Mattingly Bridge Co. and Goebel Mattingly.

Davis M. Howerton, Jr., Louisville, Ky., for U. S. Fidelity & Guaranty Co.

OPINION

ALLEN, District Judge.

This action is submitted to the Court on the motions of the defendants to dismiss it for lack of jurisdiction. The action was brought by the plaintiff purportedly under the Miller Act, Title 40 U.S.C.A. § 270a(a), (b), (c), and (d), and the amount in controversy exceeds $10,000.

It is alleged in the complaint that Jack L. Miller, the use plaintiff doing business as Miller Lumber Company, Augusta, Kentucky, furnished...

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