United States ex rel. Marysville Tractor & Equipment Co. v. Pinole Land Co.

Defendant Taylor has moved for his dismissal as a party defendant from the instant case on the ground that the complaint fails to state a claim against him upon which relief can be granted and, alternatively, on the ground that this Court does not have jurisdiction over the subject matter of the claim against him (Federal Rules of Civil .Procedure, Rule 12(b) (1) and (6)), 28 U.S.C.A.

This motion is opposed by use-pJaintiff Marysville Tractor & Equipment Company who has joined in this suit (brought by virtue of the Miller Act, Title 40 U.S.C.A. § 270a et seq.) the prime contractor, Pinole Land Company, and various subcontractors. It is alleged in the complaint, at paragraph VIII, that defendant Baker was a subcontractor of Pinole and that Taylor, among others, was a subcontractor vis a vis Baker. It is further alleged, at paragraph IX, that labor and materials were furnished Taylor by use-plaintiff, and that Taylor agreed to pay for them.

Such allegations are sufficient to require Taylor to maintain his status as a defendant in this case. There is sufficient allegation that Taylor had a direct contractual relationship with use-plaintiff to vest this Court with jurisdiction under…