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UNITED STATES v. ELLIS CONSTRUCTION CO., INC.

Civ. A. No. 3116.

398 F.Supp. 719 (1975)

UNITED STATES of America, f/u/b Pioneer Steel Co., Plaintiff and Defendant-by-counterclaim, v. ELLIS CONSTRUCTION CO., INC., Defendant and Plaintiff-by-counterclaim, United States Fidelity and Guaranty Company, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

As Corrected March 4, 1975.

Attorney(s) appearing for the Case

S. J. Milligan, Greeneville, Tenn., A. Frank Lever, Jr., and R. G. Moffat, Jr., Lexington, S. C., for plaintiff.

Jackson C. Raulston, and John S. McLellan, Kingsport, Tenn., for defendant.

MEMORANDUM OPINION

NEESE, District Judge.

This is an action under the Miller Act, 40 U.S.C. § 270a et seq., for the recovery by the use-plaintiff Pioneer Steel Company (Pioneer) of $67,017.30 from the prime constructor Ellis Construction Company, Inc. (Ellis) and its surety United States Fidelity & Guaranty Company for materials furnished Ellis by Pioneer for the construction of a government project. The parties are agreed that Ellis and its surety...

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