U.S. FOR USE OF CTI LTD., INC. v. MELLON STUART CO.

Nos. 92 C 1845, 92 C 2057.

860 F.Supp. 556 (1994)

UNITED STATES of America, for the use of CTI LIMITED, INC., Assignee of Lockwood Glass Company, CTI Limited, Inc., and Carl Seyfer, Plaintiffs, v. MELLON STUART COMPANY, a Corp., St. Paul Fire and Marine Insurance Co., Seaboard Surety Company and Federal Street Construction Company, a Corp., Defendants. UNITED STATES of America, for the use of G & 1 ASSOCIATES, INC. and Midwest Industrial Sidings, Plaintiffs, v. FEDERAL STREET CONSTRUCTION CO., INC., a Pennsylvania Corporation, etc., et al., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

August 1, 1994.


Attorney(s) appearing for the Case

Donald Vincent O'Brien, O'Brien, O'Rourke, Hogan & McNulty, Kathleen Ann O'Dekirk, Garfield & Merel, Ltd., Chicago, IL, for CTI Ltd., Inc., Carl Seyfer.

Donald Paul Smith, Chicago, IL, for G & 1 Associates, Inc., Midwest Indus. Siding, Inc.

Christopher James Murdoch, Burke, Weaver & Prell, John S. Mrowiec, Stein, Ray & Conway, Chicago, IL, for Mellon Stuart Co., Seaboard Sur. Co.


MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiffs, United States ex rel. CTI Limited, Inc. ("CTI"), and Carl Seyfer ("Seyfer"), sue for payment from a payment bond issued by defendant, Seaboard Surety Company ("Seaboard"), on behalf of Mellon Stuart Company, now known as Federal Street Construction Company ("Mellon Stuart"), pursuant to the Miller Act, 40 U.S.C. § 270a-270d (1988) (the "Act"). Seaboard moves for summary...

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