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UNITED STATES v. PIRACCI CONSTRUCTION CO., INC.

Civ. A. No. 75-0342.

405 F.Supp. 904 (1975)

UNITED STATES of America for the Use and Benefit of Leonardo MARIANA, Plaintiff, v. PIRACCI CONSTRUCTION CO., INC, and Aetna Casualty & Surety Co., Defendants.

United States District Court, District of Columbia.

September 12, 1975.

Attorney(s) appearing for the Case

Francis J. Pelland, Herman M. Braude, Washington, D. C., for plaintiff.

Harold F. Blasky, Laurence Schor, Washington, D. C., for defendants.

MEMORANDUM AND ORDER

GESELL, District Judge.

This is a suit brought under the Miller Act1 by use plaintiff Mariana, a subcontractor, against the prime contractor, Piracci, and its surety, Aetna. Aetna has moved for partial summary judgment and the issue presented, which is purely a legal issue at this stage, was fully briefed and argued. The question for decision is whether a Miller...

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