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UNITED STATES v. TRAYLOR BROS, INC.

Civ. A. No. 1624.

133 F.Supp. 104 (1955)

UNITED STATES of America, for the Use and Benefit of John S. IRVINE, Donald W. Irvine, Frank O. Irvine, d/b/a Irvine Company, v. TRAYLOR BROS., Inc., and Indemnity Insurance Company of North America.

United States District Court N. D. Indiana, South Bend Division.

July 27, 1955.

Attorney(s) appearing for the Case

Henry B. Walker, Henry B. Walker, Jr. and William G. Greif, Evansville, Ind., Paul R. Moo, South Bend, Ind., for plaintiffs.

Farabaugh, Chapleau & Roper, South Bend, Ind., John E. Early, Evansville, Ind., for defendants.

PARKINSON, District Judge.

This is a civil action under the Miller Act, 40 U.S.C.A. § 270a et seq., founded upon an amended complaint in two paragraphs. To paragraph one the defendants filed an answer in admission and denial and filed no answer to paragraph two. Liability of the defendants in the sum of $1,024.83 under paragraph two of the amended complaint is, therefore, admitted by the pleadings and was admitted by the defendants on the trial. The defendant...

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