ERB LUMBER CO. v. GREGORY INDUSTRIES, LTD.

No. 89-71022.

769 F.Supp. 221 (1991)

ERB LUMBER CO., a Michigan corporation, Plaintiff, v. GREGORY INDUSTRIES, LTD., a Michigan corporation, Randolph Jordan, and International Fidelity Insurance Company, a New Jersey corporation, Jointly and Severally, Defendants.

United States District Court, E.D. Michigan, S.D.

July 16, 1991.


Attorney(s) appearing for the Case

Ronald Strote, Bloomfield Hills, Mich., for plaintiff.

Thomas Misuraca, Detroit, Mich., for defendants.


MEMORANDUM AND ORDER

COHN, District Judge.

I.

This action is brought under the Capehart Act, 42 U.S.C. § 1594, and the Miller Act, 40 U.S.C. 270a et seq.1 Plaintiff Erb Lumber Company (Erb) seeks to recover payment for materials provided for use on a project at the Selfridge Air National Guard base. In Count I, Erb seeks recovery pursuant to the Capehart Act, on a labor and material payment bond from defendant...

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