United States Ex Rel. N.E.W. Interstate Concrete, Inc. v. EUI Corp.

ENTRY DISCUSSING MOTION TO DISMISS, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY JUDGMENT

TINDER, District Judge.

This matter comes before the court on the Motion to Dismiss, Or in the Alternative, Motion for Summary Judgment filed by Defendants, Austin Company (“Austin”) and Seaboard Surety Company, Inc. (“Seaboard”). Austin and Seaboard argue that Plaintiffs, United States for the Use and Benefit of N.E.W. Interstate Concrete, Inc., and N.E.W. Interstate Concrete, Inc. (“N.E.W.”), failed to properly and/or timely comply with the notice requirements of the Miller Act, 40 U.S.C. §§ 270a-f. After…