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U.S. FOR USE OF ALLIED BLDG. PROD. v. FEDERAL INS.

Civ. Nos. S 88-3805, S 89-1544.

729 F.Supp. 477 (1990)

UNITED STATES of America, for Use and Benefit of ALLIED BUILDING PRODUCTS CORP., etc., Plaintiff, v. The FEDERAL INSURANCE COMPANY and A.S. McGaughan Company, Inc., et al., Defendants.

United States District Court, D. Maryland.

January 24, 1990.

Attorney(s) appearing for the Case

Miller John Poppleton, Jr., Protas & Spivok, Chartered, Rockville, Md., for plaintiff/counter-defendant.

Douglas G. Worrell, Smith, Somerville & Case, Baltimore, Md., for counter-defendant Mueller Roofing.

V. Frederic Lyon, Julie A. Quagliano, S. Scott Morrison, Lyon & McManus, Washington, D.C., for defendants/counter-plaintiffs.

Gerard P. Sunderland, Whiteford, Taylor & Preston, Baltimore, Md., for counter-defendant Fidelity & Deposit.

MEMORANDUM OPINION

SMALKIN, District Judge.

These related cases are before the Court on defendants' motions to dismiss punitive damages and plaintiff's motions to amend the complaints. These matters have been fully briefed, and no oral argument appears necessary.

Defendants' motions to dismiss punitive damages and plaintiff's motions are closely related, in that they both turn on the extent to which this Miller Act case will be allowed to stray off...

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