United States v. Grogan

PRAY, District Judge.

The defendant Surety Company in the above entitled cause submits a motion to strike from the complaint all of paragraph XI thereof for the reason that the matters therein alleged are redundant and immaterial. To sustain the motion defendant cites article 9 of the construction contract pleaded as an exhibit in the complaint, and alleges that it is identical with a like numbered article 9 included in a certain construction contract construed by the Court of Claims of the United States in the case of Fidelity & Casualty Company of New York v. United States, 81 Ct.Cl. 495,…