United States Ex Rel. Crane Co. v. Progressive Enterprises Inc.

OPINION AND ORDER

CLARKE, District Judge.

This action was brought to recover the unpaid balance allegedly due for the purchase of a cast iron deaerator supplied by the plaintiff, Crane Company [hereinafter referred to as “Crane”], to the defendant, Progressive Enterprises, Inc. [hereinafter referred to as “Progressive”] to be installed as part of defendant’s contract with the United States. Jurisdiction of the District Court is based upon the Miller Act, 40 U.S.C. § 270b(a) and (b).

The material facts of the case are not in serious dispute. Plaintiff, on May 3, 1974, submitted a written proposal…