Legal Opinion
United States ex rel. Moritz v. Merle A. Patnode Co.
District Court, E.D. Wisconsin
Decided February 5, 1971No. 70-C-617Published
1Opinion of the Court
DECISION and ORDER
MYRON L. GORDON, District Judge.
The defendant, Aetna Casualty and Surety Company, has moved to dismiss the complaint. In a separate motion, the plaintiff has moved to amend his complaint, and the latter motion is not opposed.
As amended, the complaint purports to assert a cause of action under 40 U. S.C. § 270b; the plaintiff seeks to recover under the Miller Act for labor and material furnished by him in connection with the painting of a post office building constructed at Delavan, Wisconsin.
The last date upon which labor was performed and material furnished by the plaintiff…
2Cases cited3 opinions
- United States Ex Rel. Benefit of T Square Equipment Corp. v. Gregor J. Schaefer Sons, Inc.District Court, E.D. New York · 1967
- United States of America Ex Rel. Dover Elevator Company, Etc. v. General Insurance Company of America, a Washington CorporationCourt of Appeals for the Sixth Circuit · 1964
- United States ex rel. Wrecking Corp. v. Edward R. Marden Corp.District Court, D. Massachusetts · 1968