KIRKPATRICK, Chief Judge.
Both parties have moved for summary judgment upon the third cause of action.
It is an undisputed fact that the contractor did not pay its employees any wages during the period beginning with the pay roll week ending October 17, 1941, and ending with the pay roll week ending November 19, 1941, the amount of such unpaid wages being $20,127.41. It is also a fact that the contractor did not have the money to pay its employees during the...
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