United States ex rel. Explosives Corp. v. Gerbus Bros. Construction Co.

HERMANSDORFER, District Judge.

We consider Motions to Dismiss in two separate civil actions between the same parties and involving the same dispute. Civil Action 1438, The United States of America, for the use of Explosives Corporation of America v. Gerbus Bros. Construction Company, et al, seeks to invoke the Miller Act, 40 U.S.C. § 270b as basis for jurisdiction and, incidentally, to raise a diversity action for breach of contract. 28 U.S.C § 1332. Civil Action 1494, Gerbus Bros. Construction Company v. Explosives Corporation of America, et al, is a diversity action for breach of contract.…