United States ex rel. Taylor v. Fidelity & Deposit Co.

CAVANAH, District Judge.

This is an action brought against a surety on its bond given under an act of Congress for the benefit of those furnishing labor and materials on public works of the United States. The action as to the claim of plaintiff, Taylor, was dismissed, but it is continued upon the complaint in intervention of Havemann, who alleges that he furnished goods, wares, merchandise, and materials for the performance of the work to be done under the contract, covering section 3, Salmon-Montana Line National Forest Road, between station 1002 — 50 and station 1340 — 00. The statute (40…