Morris W. Lasley, Doing Business as Lasley Construction Company v. United States of America, for the Use of C. C. Westerman

TUTTLE, Chief Judge.

Appellee instituted this action under the provisions of the Miller Act, 40 U.S. C.A. §§ 270a-270d. His petition alleged that certain sums were due him as a subcontractor on a Capehart Housing Project located at Fort Bliss, Texas.

Appellants, defendants below, moved the district court to dismiss the suit on the ground that the court was without jurisdiction to hear the case. The court held that jurisdiction was conferred upon it by the Miller Act, and accordingly overruled the motion. The case was submitted to the jury upon special interrogatories and judgment was entered…