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U.S. EX REL. LIBERTY MECHANICAL SERVICES v. NASIC

Civil Action No. 13-4171.

2 F.Supp.3d 610 (2014)

U.S.A. ex rel. LIBERTY MECHANICAL SERVICES, INC. v. NORTH AMERICAN SPECIALTY INSURANCE COMPANY.

United States District Court, E.D. Pennsylvania.

Filed February 21, 2014.

Attorney(s) appearing for the Case

Edward Seglias , Matthew Gioffre , Cohen Seglias Pallas Greenhall & Furman PC, Philadelphia, PA, for U.S.A. ex rel. Liberty Mechanical Services, Inc.

Paul T. Devlieger , Robert M. Dunn , Devlieger Hilser PC, Philadelphia, PA, for North American Specialty Insurance Company.

MEMORANDUM

RESTREPO, District Judge.

On July 17, 2013, Liberty Mechanical Services, Inc. ("Liberty") filed this Miller Act suit against North American Specialty Insurance Company ("NASIC"). NASIC moves to dismiss the action as untimely filed.

Liberty acknowledges its late filing, but argues that the motion should be denied on equitable tolling grounds. NASIC counters that pursuant to U.S. for...

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