RAYMOND, District Judge.
This matter is before the court upon motion to dismiss an amended declaration filed pursuant to the order of the court entered April 3, 1935. Briefs have been filed in support of and adversely to the motion. From the amended declaration and the brief filed in support thereof, it appears that the action is based upon section 270 of title 40 U. S. C. (40 USCA § 270), and upon section 276a of the same title (40 USCA § 276a).
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