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U.S., EX REL. ACCA CONST. SERVICES, LLC v. F.A.S. DEVELOPMENT CO. INC.

No. CIV.A.1:02-CV1507RWS.

304 F.Supp.2d 1359 (2004)

UNITED STATES of America, for the use and benefit of ACCA CONSTRUCTION SERVICES, LLC, Plaintiff, v. F.A.S. DEVELOPMENT COMPANY, INC., and Commercial Casualty Insurance Company of Georgia, Defendants.

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

January 22, 2004.

Attorney(s) appearing for the Case

Hillman James Toombs, Hillman J. Tooms & Associates, Riverdale, GA, Counsel for Movant.

Maurice Michael Egan, Jr., Larry David McCollum, Owen, Gleaton, Egan, Jones & Sweeney, Atlanta, GA, Counsel for Plaintiff.

Randal Alonzo Mangham, Office of Randal Alonzo Mangham, Decatur, GA, Counsel for Defendant F.A.S. Development Co.

Alfred A. Malena, Jr., John D. Alexander, Thompson & Slagle, Duluth, GA, Counsel for Defendant Commercial Casualty Insurance Company of Georgia.

ORDER

STORY, District Judge.

Plaintiff filed the present action on June 30, 2002 seeking to recover on a payment bond issued by its Miller Act surety Commercial Casualty Insurance Company of Georgia ("Commercial Casualty") for principal F.A.S. Development Company, Inc. ("F.A.S."). The action is brought pursuant to the Miller Act which vests exclusive jurisdiction in the United States district courts. See 40 U.S.C. § 3133. Now before the...

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