United States ex rel. Ackerman v. Holloway Co.

ROGERS, District Judge.

For the purpose of this phase of each of the above causes, they were consolidated for a hearing on the matter of whether the complaints in said causes were prematurely filed. The question of prematurity of filing was raised by the second defense of the answer filed in each cause, which, in effect, stated that the contract between each of the plaintiffs, who were sub-contractors to the principal contractor, Holloway Company, provided, in part, as follows:

“No payment is due hereunder, whether a progress payment or final payment, until such progress payment or final…