U.S. FOR USE AND BENEFIT OF FRED'S PLUMBING v. SBA

Civ. A. No. 91-K-1740.

807 F.Supp. 675 (1992)

UNITED STATES OF AMERICA, FOR the USE AND BENEFIT OF FRED'S PLUMBING & HEATING, INC., Plaintiff, v. The SMALL BUSINESS ADMINISTRATION, an Agency of the United States, CP Construction, Inc., George Bass and Sam L. Bass, Defendants.

United States District Court, D. Colorado.

December 3, 1992.


Attorney(s) appearing for the Case

Thomas J. Mullans, Pueblo, CO, for plaintiff.

Paul J. Johns, Asst. U.S. Atty., Denver, CO, for defendants.


MEMORANDUM OPINION AND ORDER

KANE, Senior District Judge.

This matter is before me on the Small Business Administration's ("SBA") motion to dismiss under Fed.R.Civ.P. 12(b). The SBA claims that it has not waived sovereign immunity and that Plaintiff fails to state a claim against it under the Miller Act. For the reasons set forth below, I grant the SBA's motion to dismiss.

I. FACTS.

Plaintiff Fred's Plumbing & Heating, Inc. supplied...

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