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U.S. EX REL. AWL INDUSTRIES v. SITE REMEDIATION

No. CV 98-7082.

92 F.Supp.2d 132 (2000)

UNITED STATES of America for the use and benefit of AWL INDUSTRIES, INC., Plaintiff, v. SITE REMEDIATION SERVICES CORP. and United Pacific Insurance Company, Defendants. Site Remediation Services, Inc., Defendant-Counterclaim Plaintiff, v. General Accident Insurance Company of America, Counterclaim Defendant.

United States District Court, E.D. New York.

April 10, 2000.

Attorney(s) appearing for the Case

Mazur, Carp & Rubin, P.C. by Ira M. Schulman, New York City, for plaintiff and counterclaim-defendant AWL Industries and General Accident Insurance.

Stim & Warmuth, P.C. by Paula Warmuth, Huntington, New York, for defendant-counterclaim plaintiff.

OPINION

WEXLER, District Judge.

This is a case brought pursuant to the Miller Act, 40 U.S.C. § 270b, to collect on a payment bond issued in connection with a construction project that took place at the Brookhaven National Laboratory ("BNL"). The use plaintiff, hereinafter referred to as the plaintiff, is AWL, Industries, Inc. ("AWL").1 AWL seeks to recover payments allegedly due pursuant to its subcontract with Site...

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