United States ex rel. Marysville Tractor & Equipment Co. v. Pinole Land Co.

HALBERT, District Judge.

Defendant Taylor has moved for his dismissal as a party defendant from the instant case on the ground that the complaint fails to state a claim against him upon which relief can be granted and, alternatively, on the ground that this Court does not have jurisdiction over the subject matter of the claim against him (Federal Rules of Civil .Procedure, Rule 12(b) (1) and (6)), 28 U.S.C.A.

This motion is opposed by use-pJaintiff Marysville Tractor & Equipment Company who has joined in this suit (brought by virtue of the Miller Act, Title 40 U.S.C.A. § 270a et seq.) the prime…