United States ex rel. Flaherty v. American Surety Co.

LACOMBE, Circuit Judge.

So much of the complaint as sets forth the so-called second cause of action is manifestly demurrable. The 'statute provides for a suit in the name of the United States only in cases where the person or persons for whose use and benefit the suit is brought has supplied the contractor “labor and materials in the prosecution of the work provided for in such contract.” The complaint con*491tains no averment that any labor or materials were so supplied, and, on the contrary, expressly states that no such labor or materials were in fact supplied by Flaherty. This objection,…