McNeil Construction Company, a Corporation v. Livingston State Bank, a Corporation

On May 1, 1957, in the United States District Court for the District of Montana, Billings Division, appellant, McNeil Construction Company, a California corporation, brought an action against appellee, The Livingston State Bank, a Montana corporation having its principal office in the Helena Division of the District of Montana. The complaint prayed judgment against appellee for $4,148.16, with interest and costs.

Appellee did not answer the complaint, but, on May 28, 1957, moved to dismiss the action on the ground that the complaint failed to state a claim upon which relief could be granted; moved to dismiss the action on the ground that it was brought in the wrong division; moved to transfer the action from the Billings Division to the Helena Division if the action was not dismissed; and moved to make Seaboard Surety Company, a New York Corporation, hereafter called Seaboard, a party to the action if the action was not dismissed. On August 19, 1957, appellant moved for a summary judgment in its favor.

At Billings the District Court (Judge Jameson presiding) filed an opinion and, on October 3,1957, entered an order denying the motions to dismiss the action and granting the…