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U. S. FOR USE OF SGB UNIVERSAL BUILDERS v. FID. & DEPOSIT

No. 78 C 1603.

475 F.Supp. 672 (1979)

UNITED STATES for the Use of SGB UNIVERSAL BUILDERS SUPPLY, INC., Plaintiff, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Defendant.

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

August 30, 1979.

Attorney(s) appearing for the Case

Danziger, Markhoff & Feigert, P. C., White Plains, N. Y. (Irwin Pronin, White Plains, N. Y., of counsel), for plaintiff.

Harris Birnbaum, New York City, for defendant.

MEMORANDUM AND ORDER

NICKERSON, District Judge.

The use plaintiff (herein called plaintiff) brought this action under the so-called Miller Act, 40 U.S.C. §§ 270a through 270d, against the surety on a bond for the benefit of persons supplying labor and materials for construction work at the United States Merchant Marine Academy at King's Point. The case was tried to the court.

On March 11, 1976...

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