United States ex rel. Pre-Fab Erectors, Inc. v. A. B. C. Roofing & Siding, Inc.

WESTOVER, District Judge.

The complaint in this action was filed on May 20, 1960. Jurisdiction is conferred under §§ 270a and 270b of Title 40 U.S.C.A. (The Miller Act).

Section 270b(b) provides in part as follows:

“ * * *, but no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract. * * ”

In the case at bar final settlement was made on May 20, 1959.

The question before the Court is whether the complaint was filed after expiration of one year from the date of final settlement.

In 1943 a Judge of this Court, Honorable J. F. T. O’Connor, in…