United States Ex Rel. Argyle Cut Stone Co. v. Paschen Contractors, Inc.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff United States of America, for the use of Argyle Cut Stone, Inc. (“Argyle”) has brought this action against several defendants asserting causes of actions under the Miller Act, 40 U.S.C. §§ 270a-270d, and several pendant state law claims. Currently before the Court is a motion to dismiss under Fed.R.Civ.P. 12(b)(6) Counts VII, IX and X of the amended complaint by pendant party defendant Thorlief Larsen & Son, Inc. (“Thorlief’). For the reasons stated below, we grant that motion in part and deny that motion in part.

Facts 1

Argyle’s…