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UNITED STATES v. McCARTY

Civ. A. No. 6172.

174 F.Supp. 629 (1959)

UNITED STATES of America for the Use of Tom G. DILLINGHAM and Commercial Standard Insurance Company, a Texas corporation, Plaintiffs, v. John R. McCARTY and Julian McFall, Jr., partners doing business as Mack Construction Company, W. E. Best, an individual, and Trinity Universal Insurance Company, a Texas corporation, Defendants.

United States District Court D. Colorado.

March 27, 1959.

Attorney(s) appearing for the Case

Grant, Shafroth & Toll, and Royce D. Sickler, Denver, Colo., for plaintiffs.

Wood, Ris & Hames and Wm. K. Ris, Denver, Colo., for defendants.

ARRAJ, District Judge.

This matter came on before the Court on motions to quash service of summons as to defendants McFall and Best. The action was brought under provisions of the Miller Act, 40 U.S.C.A. §§ 270a through 270d. Service on McFall and Best could not be obtained in the District of Colorado, and pursuant to authority granted by an Order of this Court, the summons and complaint were served upon them in Wichita Falls, Texas. The motions to quash...

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