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UNITED STATES v. WILLIAM R. AUSTIN CONST. CO., INC.

No. CIV-76-0988-D.

436 F.Supp. 626 (1977)

UNITED STATES of America, for the Use and Benefit of Warren H. COFFEY, d/b/a Warren H. Coffey Excavating Contractor, Plaintiff, v. WILLIAM R. AUSTIN CONSTRUCTION COMPANY, INC., an Oklahoma Corporation, and Maryland Casualty Company, a corporation, Defendants, v. Harold SHIPMAN, Third-Party Defendant.

United States District Court, W. D. Oklahoma.

July 8, 1977.

Attorney(s) appearing for the Case

Hugh A. Baysinger, Dean G. Constantine, Oklahoma City, Okl., for plaintiff.

Robert G. Grove, Carl Michael Smith, Oklahoma City, Okl., for defendants.

James M. Robinson, Oklahoma City, Okl., for third-party defendant.

ORDER TRANSFERRING CASE

DAUGHERTY, Chief Judge.

Plaintiff brings this action against Defendants in this Court under the Miller Act, 40 U.S.C. § 270b(b). The contract bonded and involved herein was performed in connection with the Dierks Lake Project on the Saline River in the state of Arkansas. The above cited statute provides that:

"(b) Every suit instituted under this section shall be brought in the name of the United States for the use of...

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