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U. S. EX REL. K & M CORP. v. A & M GREGOS, INC.

No. 79-1068.

607 F.2d 44 (1979)

UNITED STATES ex relatione for the use of K & M CORP., a New Jersey corporation, Appellant, v. A & M GREGOS, INC., a corporation of the State of New Jersey, New Hampshire Insurance Co., a corporation of the State of New Hampshire, and F & Y Mechanical Contractors, Inc., a corporation of the State of New Jersey, Appellees, v. EASTERN MECHANICAL CO-OP, INC., a corporation of the State of New Jersey, Eastern Air Conditioning and Refrigeration Corp., a corporation of the State of New Jersey, and Kenneth Klein, Appellees.

United States Court of Appeals, Third Circuit.

Decided October 4, 1979.

Attorney(s) appearing for the Case

Richard R. Width, John H. Schmidt, Jr. (argued), Lindabury, McCormick & Estabrook, Westfield, N. J., for appellant.

Martin J. Arbus (argued), Giordano, Halleran & Crahy, Middletown, N. J., for respondent A & M Gregos, Inc.

Before SEITZ, Chief Judge, GIBBONS and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

Appellant K & M Corporation, a subcontractor on a government construction contract, seeks to enforce a claim against the payment bond executed by the project's prime contractor. The district court granted summary judgment for appellees, concluding that K & M was too remotely related to the prime contractor to be protected by the statutory bond.

The United States Postal Service awarded A & M Gregos...

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