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U.S. FOR USE AND BENEFIT OF ASMC v. FIDELITY

Civ. A. No. 2:92CV629.

807 F.Supp. 391 (1992)

UNITED STATES of America For the Use and Benefit of AMERICAN SHEET METAL CORPORATION and American Sheet Metal Corporation, Plaintiffs, v. FIDELITY AND DEPOSIT COMPANY OF MARYLAND and Hudgins Construction Co., Inc., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

November 24, 1992.

Attorney(s) appearing for the Case

Morris Heller Fine, Fine, Fine, Legum & Fine, Virginia Beach, VA, for plaintiffs, U.S. for the use and benefit of American Sheet Metal Corp. and American Sheet Metal Corp.

Gerald I. Katz, Andrew N. Felice, Katz & Stone, Vienna, VA, for Fidelity and Deposit Co. of Maryland and Hudgins Const. Co., Inc.

MEMORANDUM OPINION AND ORDER

PAYNE, District Judge.

The United States of America (the "USA"), for the use and benefit of American Sheet Metal Corporation ("ASMC") and ASMC instituted this action pursuant to the Miller Act, 40 U.S.C. § 270a-270d, seeking recovery from Hudgins Construction Company ("Hudgins"), as principal, and Fidelity and Deposit Company of Maryland ("Fidelity"), as surety, under a Labor...

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