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U.S. EX REL. METRIC ELEC., INC. v. ENVIROSERVE, INC.

No. CIV.A.01-10616-GAO.

301 F.Supp.2d 56 (2003)

UNITED STATES for the use and benefit of METRIC ELECTRIC, INC., Plaintiff, v. ENVIROSERVE, INC. and National Union Fire Insurance Company of Pittsburgh, Defendants.

United States District Court, D. Massachusetts.

November 24, 2003.

Attorney(s) appearing for the Case

John P. Connelly, Peabody & Arnold LLP, Boston, MA, for Enviroserve, Inc., National Union Fire Insurance Co., Pittsburgh, Defendants.

Anthony M. Metaxas, Joel Rosen, Metaxas, Norman & Pidgeon, Beverly, MA, Christian H. Pedersen, Beverly, MA, for Metric Electric, Inc, United States for the use and benefit of Metric Electric, Inc., Plaintiffs.

MEMORANDUM OF DECISION

TIMOTHY BELCHER DYK, Circuit Judge.1

The plaintiff in this case, Metric Electric, Inc. ("Metric") asserts claims under the Miller Act (40 U.S.C. § 3133)2 and Massachusetts Unfair and Deceptive Trade Practices Law (M.G.L. c. 93a, §§ 2, 11) against the defendant surety, National Union Fire Insurance Company of Pittsburgh ("National Union"). The plaintiff...

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