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KAY-R ELEC. v. STONE & WEBSTER CONST.

No. 1031, Docket 93-6225.

23 F.3d 55 (1994)

KAY-R ELECTRIC CORPORATION, Plaintiff-Appellant, v. STONE & WEBSTER CONSTRUCTION CO., INC., and the Federal Insurance Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 2, 1994.

Attorney(s) appearing for the Case

John A. DeFrancisco, Syracuse, NY (John J. Brunetti, of counsel), for plaintiff-appellant.

Susan T. Johns, East Syracuse, NY (Richard D. Grossman, Grossman, Kinney, Dwyer, Reitz & Harrigan, of counsel), for defendants-appellees.

Before: OAKES, KEARSE and CARDAMONE, Circuit Judges.

OAKES, Senior Circuit Judge:

Kay-R Electric Corporation ("Kay-R"), an electrical subcontractor, brought this suit under the Miller Act, 40 U.S.C. §§ 270a-270d (1988), against Stone & Webster Construction Co. ("Stone & Webster"), a general contractor that had contracted with the United States to furnish the materials and perform the labor for the construction of three buildings at Stewart Air Force Base in Orange County, New York.

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