DPC General Contractors, Inc. v. Cobo Co., Inc.

MEMORANDUM OPINION

SPELLMAN, District Judge.

ORDER GRANTING SUMMARY JUDGMENT

THIS CAUSE comes before the Court upon the parties’ Cross Motions for Summary Judgment.

I. BACKGROUND

On June 18, 1987, Plaintiff, DPC GENERAL CONTRACTORS, INC. (“DPC”), brought this action against Defendant, THE COBO COMPANY, INC. (“COBO”), and its surety, HARTFORD FIRE INSURANCE COMPANY (“HARTFORD”), under the Miller Act, 40 U.S.C. §§ 270a et seq. DPC was seeking $28,800.00 against COBO and HARTFORD based upon the alleged non-payment to DPC by COBO under the terms of a subcontract between COBO and DPC.

After this action…