United States ex rel. Deacon Bros. v. Starrett Bros. & Eken, Inc.

MARIS, District Judge.

This is a suit under the Heard Act, 40 U.S.C. § 270 (40 U.S.C.A. § 270), by the use plaintiff, a materialman, against the general contractor for the construction of the Philadelphia Post Office building and its sureties to recover the sum of $4,024.18 alleged to be due it by Paul W. Bounds Company, a subcontractor. Starrett Bros. & Eken, Inc., the defendant general contractor, has filed by way of equitable defense its bill of interpleader setting forth that it has paid to Paul W. Bounds Company all moneys due the latter under its subcontract except $6,280.15, that an…