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U.S. FOR USE OF FALCO CONST. v. SUMMIT GEN. CONTR.

No. 89-CV-2931.

760 F.Supp. 1004 (1991)

UNITED STATES of America for the Use and Benefit of FALCO CONSTRUCTION CORPORATION, Plaintiff, v. SUMMIT GENERAL CONTRACTING CORPORATION and The Fireman's Fund Insurance Company, Defendants.

United States District Court, E.D. New York.

March 21, 1991.

Attorney(s) appearing for the Case

Birnbaum & Birnbaum, Mineola, N.Y. (Harris Birnbaum, of counsel), for plaintiff.

Thomas Welby, White Plains, N.Y., for defendant Summit General Contracting Corp.

Hart & Hume, New York City (Eugene F. Brady, of counsel), for defendant Fireman's Fund Ins. Co.

MEMORANDUM and ORDER

BARTELS, District Judge.

BACKGROUND

In this Miller Act1 case Falco Construction Corporation ("Falco"), the use plaintiff and subcontractor, seeks to recover monetary damages from Summit General Contracting Corporation ("Summit"), the general contractor, and Fireman's Fund Insurance Company, Summit's surety on its payment bond (jointly, the "defendants"). Falco commenced this action after Summit...

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