United States Ex Rel. Cal's A/C & Electric v. Famous Construction Corp.

RULING

NAUMAN S. SCOTT, District Judge.

Before the Court by referral is a Motion for Partial Summary Judgment filed by the defendants in regards to the plaintiffs complaint in which it seeks to recover allegedly unpaid sums owed it on a federal construction contract. As this case revolves around a federal construction contract covered by the Miller Act, 40 U.S.C. § 270a et seq., we have “arising under” jurisdiction pursuant to 28 U.S.C. § 1331. Under the foregoing analysis, the defendants’ Motion is hereby DENIED.

STANDARD OF REVIEW

Summary judgment will be granted only where “the pleadings,…