U.S. FOR BROS. BUILDERS SUP. v. OLD WORLD ARTISANS

Civ. A. No. 4:87-cv-2-HLM.

702 F.Supp. 1561 (1988)

UNITED STATES of America for the Use of BROTHERS BUILDERS SUPPLY COMPANY, Plaintiff, v. OLD WORLD ARTISANS, INC.; Ticor Construction Co., Inc.; and the Central National Insurance Company of Omaha, Defendants.

United States District Court, N.D. Georgia, Rome Division.

September 30, 1988.


Attorney(s) appearing for the Case

E. Carl Prince, Jr., Office of E. Carl Prince, Jr., Carrollton, Ga., for U.S. of America for the Use of Brothers Builders Supply Co.

Jack Freddie Witcher, Office of Jack Freddie Witcher, Bremen, Ga., for Old World Artisians, Inc.

Gary W. Bross, Philip Lee Westee, Office of Gary W. Bross, Decatur, Ga., for Ticor Const. Co., Inc.

Glen W. Clark, Jr., Palmer Howard Nowak & Clark, Lithia Springs, Ga., for Cent. Nat. Ins. Co. of Omaha.


ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on various motions for summary judgment filed by the plaintiff and the defendants. The motions shall be considered seriatim.

This action was brought by Plaintiff Brothers Builders Supply Company (Builders Supply) to recover on a construction payment bond issued by Central National Insurance Company of Omaha (Central National), pursuant to the Miller Act, 40 U.S. C. §...

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