UNITED STATES v. CAVE CONSTRUCTION, INC.

Civ. No. 2533.

250 F.Supp. 873 (1966)

UNITED STATES of America, suing herein for the Use and Benefit of ANGELL BROS., INC., a Corporation, Plaintiff, v. CAVE CONSTRUCTION, INC., a Corporation, and American Casualty Company of Reading, Pennsylvania, a corporation, Defendants.

United States District Court D. Montana, Great Falls Division.

March 9, 1966.


Attorney(s) appearing for the Case

R. F. Clary, Jr., Great Falls, Mont., for plaintiff.

Graybill & Graybill, Great Falls, Mont., for defendants.


JAMESON, District Judge.

This Miller Act case was commenced on January 13, 1965. The defendants were served with process on January 15, 1965.

No appearance was made until February 23, 1966, when the defendants filed a motion to dismiss on the grounds (1) that the complaint fails to state a claim, and (2) that the complaint shows on its face that the contract was to be performed in the State of Wyoming and should have been brought in the United...

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