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U.S. FOR USE OF WITT v. JP, INC.

No. A86-392 CIV.

655 F.Supp. 480 (1987)

UNITED STATES of America, for the Use of Gary L. WITT, d/b/a GLW Enterprises, Plaintiff, v. JP, INC., an Alaska corporation; Jon Peterson —Surety; G.A. Peterson—Surety; and E.H. Peterson—Surety, Defendants.

United States District Court, D. Alaska.

March 19, 1987.

Attorney(s) appearing for the Case

James M. Morgan, Beaty, Robbins & Morgan, P.C., Anchorage, Alaska, for plaintiff.

Frank A. Pfiffner, Hughes, Thorsness, Gantz, Powell & Brundin, Anchorage, Alaska, for defendants.

KLEINFELD, District Judge.

Plaintiff Gary Witt has brought suit under the Miller Act, 40 U.S.C.S. § 270a, for payment on his sub-contract with J.P., Inc. Witt furnished labor and materials for construction of a rifle range at a military base. Sureties G.A. Peterson and E.H. Peterson have moved for summary judgment, on the ground that the complaint is barred by the statute of limitations.

The Miller Act provides...

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