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  5. 848 F.Supp. 1161 (1994)
 

U.S. FOR USE OF ENDICOTT ENT. v. STAR BRITE

Civ. A. No. 92-626-JLL.

848 F.Supp. 1161 (1994)

UNITED STATES of America For the Use of ENDICOTT ENTERPRISES INC. t/a Enco, a Delaware corporation, Plaintiff, v. STAR BRITE CONSTRUCTION COMPANY, INCORPORATED, a New Jersey corporation, and Employers Insurance of Wausau, a Mutual Company, a Wisconsin corporation, Defendants.

United States District Court, D. Delaware.

April 5, 1994.

Attorney(s) appearing for the Case

Noel E. Primos, of Schmittinger & Rodriguez, Dover, DE, for plaintiff Endicott Enterprises, Inc.

Rachel B. Mersky, of Walsh & Monzack, Wilmington, DE, and Thomas J. Hirsch, of Ocean Tp., NJ, for defendants Star Bright Const. Co. and Employers Ins. of Wausau.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LATCHUM, Senior District Judge.

I. INTRODUCTION

On October 28, 1992, the plaintiff, Endicott Enterprises, Inc., t/a Enco ("Enco"), brought this Miller Act, 40 U.S.C. §§ 270a-270d, action against defendants, Star Brite Construction Company, Inc. ("Star Brite") and Employers' Insurance of Wausau, A Mutual Company ("Wausau"), to recover amounts...

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