McNeil Construction Co. v. Livingston State Bank

MURRAY, Chief Judge.

In a former decision in this case on December 4, 1957, this Court held that McNeil Construction Company was not the proper party plaintiff and could not maintain the action in its own behalf, but because it had been suggested in briefs that McNeil should be permitted to maintain the action on behalf of Seaboard Surety Company as a trustee of an express trust, leave was granted McNeil to file an amended complaint to attempt to state a claim as trustee of an express trust. McNeil Construction Co. v. Livingston State Bank, D.C., 160 F.Supp. 809. Pursuant to this leave,…