Berkeley Unified School Dist. of Alameda County v. James I. Barnes Const. Co.

OLIVER J. CARTER, District Judge.

This is an action for breach of contract. Plaintiff is the Berkeley Unified School District, a public corporation attthorized by, and organized under, laws of the State of California. Defendants are the James I. Barnes Construction Company, a copartnership, hereinafter referred to as “defendant contractor,” and the Seaboard Surety Co., a corporation, hereinafter referred to as “the surety company.”

Plaintiff originally filed this action in the Superior Court of the State of California, and thereafter, defendants secured its removal to this court, invoking…