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U.S. v. ALL AMERICAN BLDG. SYSTEMS, INC.

Civ. A. No. 1:93-cv-2531-RLV.

857 F.Supp. 69 (1994)

UNITED STATES f/u/o Cool Temp, Inc., Plaintiff, v. ALL AMERICAN BUILDING SYSTEMS, INC., and United States Fidelity & Guaranty Company, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

June 15, 1994.

Attorney(s) appearing for the Case

David J. Larson, Peterson Dillard Young Self & Asselin, Atlanta, GA, for plaintiff.

J. Alexander Porter, Porter & Barrett, Atlanta, GA, for defendant.

ORDER

VINING, District Judge.

This matter is before the court on a motion to dismiss Count Two of the complaint for failure to state a claim by defendant United States Fidelity and Guaranty Company ("USF & G").

The plaintiff filed suit under the Miller Act, 40 U.S.C. § 270a, et seq., for recovery on a Miller Act payment bond. The plaintiff was a subcontractor to defendant All American Building Systems ("All American") on a...

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