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U.S. FOR USE OF U.S. STEEL v. CONST. AGGREGATES

Civ. No. 78-10090.

559 F.Supp. 414 (1983)

UNITED STATES of America, for the Use of UNITED STATES STEEL CORPORATION; and United States Steel Corporation, Individually, Plaintiff, v. CONSTRUCTION AGGREGATES CORPORATION, a Delaware Corporation; and the Travelers Indemnity Company, a Connecticut Corporation, Defendants.

United States District Court, E.D. Michigan, N.D.

March 15, 1983.

Attorney(s) appearing for the Case

Thomas J. Fleischmann, Phillip Allen, Rooks, Pitts, Fullagar & Poust, Chicago, Ill., for plaintiff.

Irwin Zatz, James Barber, Arvey, Hodes, Costello & Burman, Chicago, Ill., for defendant Const. Aggregates Corp.

Richard Poling, Jr., Moore, Sills, Poling, Wooster & Sinn, Birmingham, Mich., for Travelers Indem. Co.

MEMORANDUM OPINION AND ORDER

JAMES HARVEY, District Judge.

Plaintiff, United States Steel Corporation (USSC) brought this action under the Miller Act, 40 U.S.C. § 270a-d (which requires that such a suit be prosecuted in the name of the United States "for the use of" the plaintiff, 40 U.S.C. § 270b(b)) as a subcontractor on a construction contract between the United States and the defendant, Construction Aggregates Corporation (CAC). In this litigation...

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