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BEACON CONST. CO., INC. v. MATCO ELECTRIC CO., INC.

No. 910, Docket 75-7032.

521 F.2d 392 (1975)

BEACON CONSTRUCTION COMPANY, INC., Plaintiff-Appellee, v. MATCO ELECTRIC COMPANY, INC., d/b/a Dwyer Electric Co., Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 13, 1975.

Attorney(s) appearing for the Case

Rodney A. Richards, Endicott, N. Y. (Becker, Card, Levy & Richards, Endicott, N. Y., on the brief), for defendant-appellant.

Robert J. Sherer, Boston, Mass. (John W. Gahan, III, Roche, Carens & DeGiacomo, Boston, Mass., Howard L. Meyer, McGrath, Meyer, Lieberman & Lipp, Buffalo, N. Y., on the brief), for plaintiff-appellee.

Before SMITH, Senior Circuit Judge, OAKES, Circuit Judge, and JAMESON, Senior District Judge.

JAMESON, District Judge:

This is an appeal from a summary judgment in favor of plaintiff-appellee Beacon Construction Company, Inc. (Beacon) declaring null and void a notice of lien filed by defendant-appellant, Matco Electric Company, Inc. (Matco) and a surety bond given by Beacon to dissolve the lien, and awarding Beacon $3,516.00, the premium paid for the bond.

Background

Matco, a New York corporation, entered into a subcontract with Beacon...

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