United States ex rel. Victory Electric Corp. v. Maryland Casualty Co.

BARTELS, District Judge.

Having heretofore denied defendant’s motion for summary judgment and judgment on the pleadings the Court granted the defendant leave for reargument.

Aside from relative minor claims,1 the essence of the defendant’s argument is that the Court erred in two respects, in (1) holding that it had jurisdiction under Section 1352, 28 U.S.C.A., to entertain the action, and in (2) holding that the plaintiffs had a right to sue in their own names under the bid bond in question.

I

The real bone of contention in this case revolves around Section 1352, the defendant claiming that the…