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UNITED STATES v. MORLEY CONST. CO.

No. 1444-A.

20 F.Supp. 606 (1935)

UNITED STATES, for Use of JOHNSON, v. MORLEY CONST. CO. et al.

District Court, W. D. New York.

December 3, 1935.

Attorney(s) appearing for the Case

Bucholz & O'Donnell, of Kansas City, Mo., and Dudley, Stowe & Sawyer, of Buffalo, N. Y. (Roy P. Ohlin, of Buffalo, N. Y., of counsel), for defendant Morley Const. Co.

Gibbons, Pottle & Pottle, of Buffalo, N. Y., for defendant Maryland Casualty Co.

KNIGHT, District Judge.

Defendant Morley Construction Company moves to dismiss a so-called "Pleading" of the defendant Maryland Casualty Company, on the ground that the court has no jurisdiction to render a judgment in favor of a surety company against a general contractor, and further that a surety may not compete with its creditors for the assets of its principal. This action is brought under the provisions of the Heard Act (title 40 U.S.C.A. § 270). The plaintiff...

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