UNITED STATES v. MacNEIL BROS. CO.

No. 112.

27 F.Supp. 180 (1939)

UNITED STATES, for Use and Benefit of SHLAGER et al. v. MacNEIL BROS. CO. et al.

District Court, D. Massachusetts.

April 4, 1939.


Attorney(s) appearing for the Case

Benjamin M. Sriberg and Wilfred S. Mirsky, both of Boston, Mass., for plaintiffs.

Angus M. MacNeil, of Boston, Mass., for defendants.


BREWSTER, District Judge.

This complaint is brought under the Act of August 24, 1935, ch. 642, 49 Stat. 794, 40 U.S.C.A. § 270b, against a contractor and his surety upon a payment bond, given pursuant to said statute.

Both defendants have filed motions to dismiss.

The material allegations of the complaint are that the defendant MacNeil Bros. Company entered into a contract with the United States for the removal of the towboat "Plymouth" at Cape...

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