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U.S. FOR USE OF N. MALTESE & SONS v. JUNO CONST.

Cal. No. 405, Dockets 84-7430, 84-7460.

759 F.2d 253 (1985)

UNITED STATES of America for Use of N. MALTESE AND SONS, INC., Plaintiff-Appellant, Cross Appellee, v. JUNO CONSTRUCTION CORP. and Insurance Company of North America, Defendants-Appellees, Cross Appellants.

United States Court of Appeals, Second Circuit.

Decided April 8, 1985.

Attorney(s) appearing for the Case

Sari G. Leventhal, New York City (Carl N. Mione, New York City, on brief), for plaintiff-appellant cross-appellee.

Irving B. Lampert, New York City, for defendants-appellees cross-appellants.

Before TIMBERS, VAN GRAAFEILAND and PIERCE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge.

This is an appeal and cross appeal from a judgment of the United States District Court for the Eastern District of New York which followed a non-jury trial before Judge Costantino. The judgment awarded a subcontractor, N. Maltese and Sons, Inc., $13,209.86 in damages on its claim for breach of contract against the prime contractor, Juno Construction Corporation, and the surety on Juno's payment bond, Insurance Company of North America...

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