United States ex rel. Pan-Caribe Construction Co. v. Peco International, S.A.

CROWE, District Judge.

This court held on March 30th, 1965 that the motion of the defendant, Peco International, S. A., for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure was “in time” and could be made and this motion is up for decision.

The plaintiff filed its complaint on June 3,1964 under the Miller Act against the defendant, Peco International, S. A., and Royal Indemnity Company, the surety on the payment bond executed by defendant for the protection of all persons supplying lumber and materials under the contract involved.

On August 20, 1962 the…