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U. S. FOR USE OF GREENWALD-SUPON v. GRAMERCY, ETC.

No. 74 Civ. 1377 (IBC).

433 F.Supp. 156 (1977)

UNITED STATES of America, for the Use of GREENWALD-SUPON, INC., Plaintiff, v. GRAMERCY CONTRACTORS, INC., and Fidelity & Deposit Company of Maryland, Defendants.

United States District Court, S. D. New York.

May 31, 1977.

Attorney(s) appearing for the Case

George H. Rosen, Rosen & Rosen, Monticello, N.Y., for plaintiff.

Norman Roth, New York City, for defendants.

MEMORANDUM AND ORDER

IRVING BEN COOPER, District Judge.

Defendant Gramercy Contractors has moved for judgment dismissing the complaint pursuant to Rules 12 and 56, Federal Rules of Civil Procedure in that the complaint fails to state a claim upon which relief can be granted, and in that the statutory prerequisites of the Miller Act, Title 40 U.S.C. § 270b have not been satisfied. For the reasons set forth below, we find that plaintiff's complaint alleges...

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