United States Ex Rel. Fred's Plumbing & Heating, Inc. v. Small Business Administration
District Court, D. Colorado
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, Senior District Judge.
This matter is before me on the Small Business Administration’s (“SBA”) motion to dismiss under Fed.R.Civ.P. 12(b). The SBA claims that it has not waived sovereign immunity and that Plaintiff fails to state a claim against it under the Miller Act. For the reasons set forth below, I grant the SBA’s motion to dismiss.
I. FACTS.
Plaintiff Fred’s Plumbing & Heating, Inc. supplied labor and material as subcontractor on a federally-funded construction project at the Pueblo State Recreation Area (“the project”). The United States Department of…
2Cases cited12 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- L. Patrick Gray, III v. Griffin BellCourt of Appeals for the D.C. Circuit · 1983
- Housing Authority of the Kaw Tribe of Indians of Oklahoma v. City of Ponca City, a Municipal CorporationCourt of Appeals for the Tenth Circuit · 1991
- Putnam Mills Corp. v. United StatesUnited States Court of Claims · 1973
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