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UNITED STATES ETC. v. E.J.T. CONST. CO., INC.

Civ. A. No. 4734.

415 F.Supp. 1328 (1976)

The UNITED STATES for the Use of H. T. SWEENEY & SON, INC., Plaintiff, v. E.J.T. CONSTRUCTION CO., INC., et al., Defendants.

United States District Court, D. Delaware.

June 25, 1976.

Attorney(s) appearing for the Case

Julian D. Winslow, Wilmington, Del., Arthur E. Ballen, Camden, N. J., for plaintiff.

George F. Gardner, III, of Schmittinger & Rodriguez, Dover, Del., for defendants.

OPINION

STAPLETON, District Judge:

This is an action brought pursuant to the Miller Act, 40 U.S.C. § 270a, et seq., involving claims arising out of a warehouse construction project at the Dover Air Force Base in Delaware.1 Plaintiff, H. T. Sweeney & Son, Inc. [hereinafter "Sweeney"], who subcontracted to do the excavating and related work, seeks recovery of amounts alleged to be owing and unpaid by the general...

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