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UNITED STATES v. DI SANDRO

Civ. A. No. 1300.

88 F.Supp. 970 (1949)

UNITED STATES for Use and Benefit of COKEN v. DI SANDRO et al.

United States District Court D. Connecticut.

January 4, 1949.

Attorney(s) appearing for the Case

Hirsh Freed, Boston, Mass., Abraham A. M. Schweitzer, Hartford, Conn., for plaintiff.

Joseph F. Berry, Day, Berry & Howard, Hartford, Conn., for defendants.

SMITH, District Judge.

Aetna's motion to dismiss the second count as to it as surety on a Miller Act, 40 U.S.C.A. § 270a et seq., bond appears to be well taken. The second count is founded in part on negligence and cannot be said to be for material and labor furnished.

We would distinguish this situation from the Purity Paint Products case, U. S. ex rel. Purity Paint Products Corporation v. Aetna Casualty & Surety Co., D.C.1944,

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