U.S. v. FIDELITY & DEPOSIT CO. OF MARYLAND

Civ. No. 86-0328.

690 F.Supp. 905 (1988)

UNITED STATES of America, Plaintiff, v. FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendant.

United States District Court, D. Hawaii.

March 22, 1988.


Attorney(s) appearing for the Case

Daniel Bent, U.S. Atty., Honolulu, Hawaii, David Bunning, Trial Atty., Tax Div., U.S. Dept. of Justice, Washington, D.C., for plaintiff.

Charles Witherwax, M. Tyler Pottenger, Honolulu, Hawaii, for defendant.


ORDER AND DECISION

KAY, District Judge.

Trial on this matter of defendant's liability as a surety for tax deficiencies of a contractor, pursuant to performance bonds, was submitted to this court by the parties under a stipulation of agreed statement of facts.

The issues in this case are 1) whether defendant is liable on a performance bond under Section 270a(d) of the Miller Act for contractor's delinquent taxes when the notice of deficiency contained...

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