THACHER, District Judge.
The action was brought under Act Aug. 13, 1894, c. 280, 28 Stat. 278, as amended by Act Feb. 24, 1905 (33 Stat. 811, c. 778 [Comp. St. § 6923]). The act provides:
"Hereafter any person or persons entering into a formal contract with the United States for the construction of any public building, or the prosecution and completion of any public work, or for repairs upon any public building or public work, shall be required, before...
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