United States Ex Rel. J. C. Schaefer Electric, Inc. v. O. Frank Heinz Construction Co.

OPINION AND ORDER

ROBERT D. MORGAN, District Judge.

This cause comes before the Court on plaintiff’s .motion for summary judgment, raising the sole question of whether “ * * * the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Rule 56, Federal Rules of Civil Procedure.

This suit is brought under the Miller Act, 40 U.S.C. §§ 270a, 270b (1964). This Act is highly remedial in nature to assure the…