KILKENNY, District Judge.
The Miller Act, 40 U.S.C. §§ 270a, 270b, forms the basis of plaintiff's two claims for relief;
(1) on a contract alleged to be performed in the State of Oregon, and,
(2) on a contract alleged to be performed in the State of California.
The defendants' motion to dismiss the second claim challenges the right of this Court to adjudicate the rights of the parties under the California contract.
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