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UNITED STATES, ETC. v. SPEARIN, PRESTON & BURROWS

No. 80-420-Civ-J-B.

496 F.Supp. 816 (1980)

The UNITED STATES of America, for the Use and Benefit of LANAHAN LUMBER CO., INC., a Florida Corporation, Plaintiff, v. SPEARIN, PRESTON & BURROWS, INC., a New York Corporation; Seaboard Surety Company, a New York Corporation; and Chemical Engineers and Constructors, Inc., a Florida Corporation, Defendants.

United States District Court, M. D. Florida, Jacksonville Division.

September 4, 1980.

Attorney(s) appearing for the Case

Stephen H. Durant, Jacksonville, Fla., for plaintiff.

Harold E. Morlan, II and V. Keith Young, Orlando, Fla., for Spearin, Preston & Burrows, Inc. and Seaboard Sur. Co.

Dan H. Stubbs, Jr. and Douglas C. Higginbotham, Jacksonville, Fla., for Chemical Engineers and Constructors, Inc.

OPINION AND ORDER DENYING MOTION TO DISMISS

SUSAN H. BLACK, District Judge.

This case involves a claim under the Miller Act, 40 U.S.C. § 270a et seq., arising out of the construction of the Fort Clinch Fishing Pier Recreation Facilities at Fernandina Harbor. Defendant, Spearin, Preston & Burrows, Inc. (hereinafter "Spearin"), entered into a contract with the United States for construction of the pier. Pursuant to the Miller Act and the terms...

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