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UNITED STATES FOR MOTTA v. ABLE BITUMINOUS CONT.

Civ. A. No. 85-3921-S.

640 F.Supp. 69 (1986)

UNITED STATES of America for the use of Manuel MOTTA, et al., Plaintiffs, v. ABLE BITUMINOUS CONTRACTORS, INC., et al., Defendants.

United States District Court, D. Massachusetts.

March 28, 1986.

Attorney(s) appearing for the Case

John M. Boland, Boyer, Reynolds & Demarco, Providence, R.I., for plaintiffs.

Lawrence E. Car III, Krupin, Carr, Morris & Graeff, Washington, D.C., Christopher P. Sullivan, Carolan & Sullivan, Boston, Mass., for defendants.

MEMORANDUM AND ORDER ON DEFENDANTS' MOTION TO DISMISS

SKINNER, District Judge.

In this action, plaintiffs seek to recover wages allegedly owed them for labor provided in connection with a government construction project on Interstate 495 in Massachusetts. Plaintiffs bring their claim under and predicate jurisdiction upon the Miller Act, 40 U.S.C. §§ 270a-270d. Defendants on this motion ask the court to dismiss the complaint for lack of subject...

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