United States v. Santa Fe Engineers, Inc.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

A motion to amend a complaint to add a party defendant raises a heretofore undiscussed problem of federal jurisdiction under the Miller Act.1

Santa Fe Engineers, Inc., a prime contractor subject to the terms of the Miller Act, employed a subcontractor, Mae-con, Inc., to do a portion of the work. Maecon, Inc. in turn subcontracted a portion of the work to Falls Construction Company, the use plaintiff. Use plaintiff, claiming to be unpaid, brought this action against Santa Fe Engineers, Inc., the prime contractor, and Travelers Indemnity Co., the…