United States v. Henke Const. Co.

REEVES, District Judge.

This is an action prosecuted by the plaintiffs as authorized by Section 270a (b), Title 40 U.S.C.A. Section 270a(a) (2) makes provision • for a “payment bond” by contractors engaged in building or construction work for the government and the provisions for such payment bond operate for the “protection of all persons supplying labor and material in the prosecution of the work provided for in said contract for the use of each such person.”

On August 13, 1938, the defendant Henke Construction Company entered into a written contract with the government for the construction…