UNITED STATES v. SOVEREIGN CONSTRUCTION COMPANY

No. 64 Civ. 382.

338 F.Supp. 657 (1972)

UNITED STATES of America For the Use and Benefit of I. BURACK, INC., a New York corporation, Plaintiff, v. SOVEREIGN CONSTRUCTION COMPANY, Ltd., a New York Corporation, et al., Defendants.

United States District Court, S. D. New York.

January 31, 1972.


Attorney(s) appearing for the Case

David C. Gilberg, Mt. Vernon, N. Y., for plaintiff.

M. Carl Levine, Morgulas & Foreman, by Jerrold Morgulas, New York City, for defendants Sovereign Construction Co., Ltd. and Continental Casualty Co.


CANNELLA, District Judge.

Action brought pursuant to the Miller Act, 40 U.S.C. § 270a et seq., to recover the purchase price of materials furnished by the use plaintiff to defendant Kings Ferry Corporation for the construction of a Cadet library. Judgment shall be entered in favor of the use plaintiff.

On December 28, 1961, defendant Sovereign Construction Company, Ltd. [hereinafter "Sovereign"] entered into a written contract1

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