UNITED STATES v. S. BIRCH & SONS CONST. CO.

No. 162.

43 F.Supp. 726 (1941)

UNITED STATES for Use and Benefit of JEAGER MACHINE CO. v. S. BIRCH & SONS CONST. CO. et al.

District Court, D. Montana.

June 18, 1941.


Attorney(s) appearing for the Case

M. J. Lamb, of Billings, Mont., and H. M. Gullickson, of Helena, Mont., for plaintiff.

Cooper, Stephenson & Glover, of Great Falls, Mont., for defendants.


PRAY, District Judge.

The defendants filed a motion to dismiss the above entitled action for the reason that the amended complaint fails to state a claim against them, or either of them, upon which relief can be granted. The motion came on regularly for hearing on briefs submitted by counsel for the respective parties.

Counsel contend there can be no recovery against the Surety Company unless within the express terms of the bond, and that if no recovery can...

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