United States v. Edward Fay & Son

DICKINSON, District Judge.

Leave was given to submit additional briefs, which have now been submitted.

The action was brought after the new Rules of Civil Procedure went into effect, 28 U.S.C.A. following section 723c. The action is upon the bond given by a general contractor, as required by the Act of Congress, 40 U.S.C.A. § 270a et seq'., when there is a construction contract with the United States. The condition of the bond is to secure to all who do work or supply material toward the construction, payment of what is due them. There is a denial that anything is due to the plaintiff. This…