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UNITED STATES v. MacDONALD CONSTRUCTION COMPANY

No. 68 C 362(2).

295 F.Supp. 1363 (1968)

UNITED STATES of America for the Use and Benefit of John P. REUTER, Jr., an Individual, d/b/a Missouri Roofing Company, and John P. Reuter, Jr., an Individual, d/b/a Missouri Roofing Company, Plaintiffs, v. MacDONALD CONSTRUCTION COMPANY, a Corporation, the Travelers Indemnity Company, a Corporation, National Park Service, for the Jefferson National Expansion Memorial Project and Fidelity and Deposit Company of Maryland (New deft. on 10/11/68), Defendants.

United States District Court E. D. Missouri, E. D.

December 12, 1968.

Attorney(s) appearing for the Case

Kenney, Reinert & Hespen, St. Louis, Mo., for plaintiff and for Fidelity Deposit Co. of Maryland, intervenor.

Biggs, Hensley, Curtis & Biggs and Wm. C. Dale, St. Louis, Mo., for defendant MacDonald.

Evans & Dixon, St. Louis, Mo., for defendant The Travelers Indemnity Co.

Veryl L. Riddle, U. S. Atty., and Irvin L. Ruzicka, Asst. U. S. Atty., St. Louis, Mo., for defendant Govt's contracting officer.

MEMORANDUM

MEREDITH, District Judge.

This matter is before the Court on separate motions by the defendants to dismiss Count II of the complaint. The plaintiff, John P. Reuter, d/b/a Missouri Roofing Company, alleges in his complaint that he was a subcontractor of the defendant MacDonald Construction Company, who was prime contractor on the Jefferson National Expansion Memorial Project (Arch). He alleges that he performed as required by the subcontract and...

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