United States v. Home Indemnity Insurance Co.

VAN DUSEN, District Judge.

This case is before the court on the Petition of the plaintiff to amend its Complaint filed February 4, 1965 (Document 4).

On August 31, 1964, the use plaintiff (hereinafter called “Supply Co.” or “plaintiff”) instituted the present action against the defendant (hereinafter called “Home”) under the Miller Act, 40 U.S. C. § 270a, for the sum of $3879.81. Plaintiff’s claim is based on the allegation that it is an unpaid materialman of a contractor, Hytron Corporation (“Hytron”), which performed work for the United States Government at the Philadelphia Navy Yard. Home…