United States ex rel. Shlager v. MacNeil Bros.

BREWSTER, District Judge.

This complaint is brought under the Act of August 24, 1935, ch. 642, 49 Stat. 794, 40 U.S.C.A. § 270b, against a contractor and his surety upon a payment bond, given pursuant to said statute.

Both defendants have filed motions to dismiss.

The material allegations of the complaint are that the defendant MacNeil Bros. Company entered into a contract with the United States for the removal of the towboat “Plymouth” at. Cape Cod Canal and, in connection with said contract, the defendant MacNeil Bros. Company, as principal, and the Hartford Accident and In*181demnity Company, as…