James B. Spikes v. Mittry Construction Company

HUXMAN, Circuit Judge.

This was an action by appellant, James B. Spikes, 1 against appellee, Mittry Construction Company, 2 to recover wages alleged to be due. The appeal is from a judgment of the District Court sustaining Mittry’s motion for summary judgment. The court’s judgment apparently was predicated on the ground that the action was barred by the Statutes of Limitation.

Mittry was engaged in the construction of a dam project under a contract with the U. S. Corps of Engineers in New Mexico. It had entered into a contract with the International Union of Operating Engineers, Local 953, 3…