Hill Top-West Liberty Lumber Co. v. Aetna Casualty & Surety Co.

ROSENBERG, District Judge.

Plaintiff invoked the diversity jurisdiction in this suit. The cause of action is based on the sale of building materials to the general contractor for the erection and construction of a new senior high school building for the Butler Area Joint School Building Authority as owner. Plaintiff sold the material to William F. Sutter, trading as Sutter Lumber Company, general contractor. As principal, he deposited with the Authority, defendant’s surety bond pursuant to the statutory requirements of the Municipality *109Authorities Act of 1945 as amended and other appropriate…