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UNITED STATES v. C. J. ELEC. CONTRACTORS, INC.

Nos. 75-1123, 75-1124.

535 F.2d 1326 (1976)

UNITED STATES of America, For the Use and Benefit of Capitol Electric Supply Co., Inc., Plaintiff, Appellant, v. C. J. ELECTRICAL CONTRACTORS, INC., et al., Defendants, Appellees. UNITED STATES of America, For the Use and Benefit of Capitol Electric Supply Co., Inc., Plaintiff, Appellee, v. C. J. ELECTRICAL CONTRACTORS, INC., et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided May 13, 1976.

Attorney(s) appearing for the Case

Edward L. Schwartz, Boston, Mass., with whom Lewis A. Sassoon, Boston, Mass., was on brief, for United States of America for the Use and Benefit of Capitol Electric Supply Co., Inc.

Joseph H. Killion, Boston, Mass., with whom MacPhee, Downey & Killion, Boston, Mass, was on brief, for C. J. Electrical Contractors, Inc., et al.

Jack R. Pirozzolo, Boston, Mass., with whom Willcox, Pirozzolo & McCarthy, Boston, Mass., was on brief, for Usen Associates, Inc. and Keene Corp., Inc.

John M. Reed, Boston, Mass., with whom Philip M. Cronin, Robert P. Baker, and Withington, Cross, Park & Groden, Boston, Mass, were on brief, for Travelers Indem. Co.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

LEVIN H. CAMPBELL, Circuit Judge.

This Miller Act case involves a government contract for the furnishing and installation of lighting fixtures in a Department of Transportation parking lot. The government awarded the contract to the defendant C. J. Electrical Contractors, Inc. (C.J.), and C.J. in turn contracted with the plaintiff, Capitol Electric Supply Co. (Capitol), to obtain the fixtures. The fixtures supplied initially by Capitol included floodlights that did...

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