UNITED STATES v. FEDERAL SURETY CO.

No. 2157.

5 F.Supp. 247 (1933)

UNITED STATES, to Use of COLONIAL BRICK CORPORATION et al. v. FEDERAL SURETY CO. et al.

District Court, D. Maryland.

November 20, 1933.


Attorney(s) appearing for the Case

Raphael Walter (of Sykes, Nyburg, Goldman & Walter), of Baltimore, Md., and Leonard J. Ganse, of Washington, D. C., for plaintiffs.

William R. Semans (of Barton, Wilmer, Ambler & Barton), William D. Macmillan (of Semmes, Bowen & Semmes), and Roszel Thomsen, all of Baltimore, Md., for defendants.


CHESNUT, District Judge.

This case presents a bill of complaint in equity which is described as "ancillary to and in aid of" a suit at law brought under the Hurd Act (40 USCA § 270) by and against some of the same parties and now pending in this court on the law docket. The proceeding seems to be novel and unprecedented.

The use-plaintiffs are unpaid sub-contractors of the National Contracting Corporation which undertook a government contract for construction...

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