Frank J. Barrett, Director of Insurance and Head of the Department of Insurance, State of Nebraska v. The United States

COWEN, Chief Judge.

Plaintiff, 1 claiming as subrogee of laborers and materialmen whose claims against their contractor it has paid, demands $23,805.74 which was offset against a larger sum owing by the Government to the contractor for which it was surety. Defendant moved to dismiss the petition for failure to state a claim upon which relief may be granted and for lack of jurisdiction in this court of a claim by a subrogee of laborers and materialmen. The facts, as set forth in the petition, are as follows:

In March 1961, United wrote Miller Act 2 payment and performance bonds for the Cecil…