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  5. 17 F.Supp.2d 462 (1996)
 

U.S. FOR USE OF J. BOBBY CURRIN v. J & W BUILDERS

No. Civ. 2:95CV533.

17 F.Supp.2d 462 (1996)

UNITED STATES of America for the Use of J. BOBBY CURRIN & SONS, a North Carolina General Partnership, Plaintiff, v. J & W BUILDERS, INC., and Hartford Accident and Indemnity Company, Defendants.

United States District Court, M.D. North Carolina, Greensboro Division.

December 13, 1996.

Attorney(s) appearing for the Case

Benjamin Norman Thompson, Wyrick, Robbins, Yates & Ponton, L.L.P., Raleigh, NC, George K. Freeman, Jr., Rountree & Seagle, L.L.P., Wilmington, NC, for U.S. for Use of J. Bobby Currin & Sons.

Clyde Hamilton Jarrett, III, Ellzey & Brooks, LLC, Raleigh, NC, James Lynn Werner, Ellzey & Brooks, LLC, Columbia, SC, for Hartford Acc. and Indem. Co.

MEMORANDUM OPINION

BULLOCK, Chief Judge.

Before the court is the motion for summary judgment of Defendant,1 Hartford Accident and Indemnity Company ("Hartford"). Plaintiff, J. Bobby Currin & Sons ("Currin"), brought this action under the Miller Act, 40 U.S.C.A. §§ 270a, 270b (1986 & Supp.1996), seeking to recover $310,834.00 on Hartford's payment bond for subcontract work performed on federal property...

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