UNITED STATES v. HOLLOWAY COMPANY

Civ. Nos. 2493, 2499, 2445.

126 F.Supp. 347 (1954)

UNITED STATES of America for the Use of W. R. ACKERMAN, Plaintiff, v. The HOLLOWAY COMPANY, a corporation, and United Pacific Insurance Co., a corporation, Defendants. UNITED STATES of America for the Use of PEELER-HANSEN-WILSON COMPANY, a Texas Corporation, Plaintiff, v. The HOLLOWAY COMPANY, a corporation, and United Pacific Insurance Co., a corporation, Defendants. UNITED STATES of America for the Use of Hugh McMILLAN and Hugh McMillan, Plaintiffs, v. The HOLLOWAY COMPANY, a corporation, and United Pacific Insurance Co., a corporation, Defendants.

United States District Court D. New Mexico.

December 7, 1954.


Attorney(s) appearing for the Case

Everett Grantham, James Paulantis, Albuquerque, N. M., for plaintiffs.

Irwin S. Moise & Lewis R. Sutin, Albuquerque, for defendants.


ROGERS, District Judge.

For the purpose of this phase of each of the above causes, they were consolidated for a hearing on the matter of whether the complaints in said causes were prematurely filed. The question of prematurity of filing was raised by the second defense of the answer filed in each cause, which, in effect, stated that the contract between each of the plaintiffs, who were sub-contractors to the principal contractor, Holloway Company, provided, in part...

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