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UNITED STATES, ETC. v. J. F. WHITE CONTRACTING

No. 80-1384.

649 F.2d 29 (1981)

UNITED STATES of America for Use of JOHN D. AHERN COMPANY, INC., Plaintiff-Appellant, v. J. F. WHITE CONTRACTING COMPANY, The Travelers Indemnity Company, J. L. Caputo Construction Company, Inc., Joseph Caputo and Builders Iron Works, Inc., Joint Venturers, Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided May 15, 1981.

Attorney(s) appearing for the Case

Peter J. Gagne, Boston, Mass., with whom Corwin & Corwin, Boston, Mass., was on brief, for plaintiff-appellant.

Kieran B. Meagher, Boston, Mass., with whom Robert D. City and Robert J. Owens Associates, P.C., Boston, Mass., were on brief, for defendants-appellees.

Before COFFIN and CAMPBELL, Circuit Judges, NELSON, District Judge.

NELSON, District Judge.

Plaintiff, John D. Ahern Co., Inc. ("Ahern") appeals from a district court order dismissing its complaint for failure to meet the ninety day notice requirement of the Miller Act, 40 U.S.C. § 270b(a) (1970). For the reasons stated below, we affirm the district court opinion.

On February 22, 1974 J. F. White Contracting Company ("White") entered into a contract with the Army Corps of Engineers to build the Charles River Dam in Boston...

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