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U.S. FOR USE AND BENEFIT OF S.C.I. CONST. CO., INC. v. GAJIC

No. 87 C 10502.

684 F.Supp. 190 (1988)

UNITED STATES of America, for the Use and Benefit of S.C.I. CONSTRUCTION CO., INC., Plaintiff, v. Ray GAJIC doing business as Gajic Engineering Co., Dragon Construction Co. and Dependable Insurance Company, Inc., Defendants.

United States District Court, N.D. Illinois, E.D.

April 11, 1988.

Attorney(s) appearing for the Case

A-Mark L. Schwarz, Chicago, Ill., for plaintiff.

Robert M. Stephenson, Matthew F. Kennelly, Cotsirilos, Crowley, Stephenson, Tighe & Streicker, Ltd., Chicago, Ill., for defendants.

ORDER

NORGLE, Judge.

Before the court is defendant's, Ray Gajic's ("Gajic"), motion to dismiss for failure to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). For the following reasons, the motion is denied.

Gajic, the prime contractor, was awarded the contract for construction of a Norwood Park post office. Under provisions of the Miller Act, 40 U.S.C. § 270a(a)(2), he furnished a bond for the protection of...

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