United States Ex Rel. of McGrath v. Travelers Indemnity Co.

CRAIG, District Judge.

Defendant’s motion to dismiss the complaint was heard by the Court, and leave was granted to both parties to submit supplemental memoranda. Such memoranda having been submitted, the Court is now fully advised, and hereby orders that defendant’s motion to dismiss be granted.

The plaintiffs filed their complaint on July 14, 1965, for amounts relating to labor furnished defendant’s principal prior to October 1, 1963. Plaintiffs sue upon the basis of the Miller Act, 40 U.S.C. § 270a et seq. Defendant contends that the complaint is not timely, because it was not filed within…