Westinghouse Electric Supply Company, a Division of Westinghouse Electric Corporation v. Wesley Construction Company

SINGLETON, District Judge:

This is an appeal from the District Court’s order dismissing appellant’s complaint against each of three appellees for failure to state a claim upon which relief could be granted. Based upon the allegations contained in appellant’s complaint and the action taken in the Court below, the history of the case may be summarized briefly as follows.

In June of 1963, Wesley Construction Company (Wesley), as prime contractor, entered into a contract with Florida Light & Power to construct a general office building in Dade County, Florida. Wesley in turn contracted with…