Fleming v. Gregory

CAILLOUET, District Judge.

The motion to dismiss the complaint, "on the ground that it does not set forth a cause of action upon which relief can be granted”, is based upon the mover’s contention that, by reason of the contract made and entered into with him by the United States for the carrying of the mails, as the same is alleged in paragraph 3 of the complaint, mover is a public agent of the United States in the discharge of his contractual obligations, and further, all persons employed by him in order that he may effectively comply with his contractual obligations, also become public…