Hopper Bros. Quarries v. Merchants Mutual Bonding Company, a Corporation, and Bill Curphy Company, a Corporation

WOODROUGH, Circuit Judge.

The use plaintiff in the foregoing case, No. 15,852, brought this action, No. 15,-853, in the District Court of Lancaster County, Nebraska in its own name to recover the same debt owing to it on account of 6014.2 tons of crushed rock it supplied to the sub-contractor Leonard M. McDonald, d/b/a Omaha Rock and Excavating Company, on the Omaha Levee System from Merchants Mutual Bonding Company and the prime contractor, Bill Curphy Company. Federal Jurisdiction existed by reason of diversity and the. amount involved.

The complaint alleged that the subcontractor furnished a…