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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 1770 September Term, 1995 _______________________________

ADVIN ELECTRIC, INC.

v.

RELIANCE SURETY COMPANY

_______________________________ Wilner, C.J., Murphy, Eyler, JJ. _______________________________ Opinion by Wilner, C.J. _______________________________ Filed: September 25, 1996

Advin Electric, Inc., a subcontractor on a building project, filed suit in the Circuit Court for Montgomery County against Reliance Surety Company, the surety on a payment bond posted by the general contractor, seeking money owing under its subcontract. Reliance moved to dismiss the action on the ground that the job, and thus the claim, was subject to the Miller Act, 40 U.S.C.

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Maryland Law