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UNITED STATES v. A & L MECHANICAL CONTRACTORS, INC.

No. 80-110-CIV-8.

515 F.Supp. 1272 (1981)

The UNITED STATES of America For The Use of Honeywell, Inc., Plaintiff, v. A & L MECHANICAL CONTRACTORS, INC., LeBlanc Construction Company and National Surety Corporation, Defendants.

United States District Court, E. D. North Carolina, Wilson Division.

June 8, 1981.

Attorney(s) appearing for the Case

Cecil P. Merritt, Merritt & Gaylor, Goldsboro, N. C., for plaintiff.

J. Larkin Pahl, Smith, Debnam, Hibbert & Pahl, Raleigh, N. C., for A & L Mechanical Contractors, Inc.

Leonard T. Jernigan, Jr., Michaels & Jernigan, Raleigh, N. C., for LeBlanc Const. Corp. and Nat. Sur. Co.

MEMORANDUM OF DECISION

DUPREE, Chief Judge.

The use plaintiff, Honeywell, Inc., filed this action pursuant to 40 U.S.C. § 270a-e, the "Miller Act," to recover upon a payment bond for materials supplied and services rendered under contract with A & L Mechanical Contractors, Inc.1 A & L had entered into a subcontract with defendant LeBlanc Construction Company, the prime contractor on a United States government project...

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