The opinion of the court was delivered by: MCVICAR
This case was tried together with Continental Casualty Co., a Corporation, and Massachusetts Bonding Insurance Company, a Corporation, v. City of Pittsburgh, a Municipal Corporation, D.C., 68 F.Supp. 805. The controlling facts in each case are the same. Opinion was filed today in 68 F.Supp. 805 which by reference is made a part hereof. In this case the contract was completed by the City. In the other case, it was completed by the surety companies.
1. Continental Casualty Company is a corporation organized and existing under and by virtue of the laws of the State of Indiana, having its principal office or place of business in Chicago, Illinois, and is engaged, inter alia, in the business of writing fidelity and surety bonds.
2. The defendant, City of Pittsburgh, is a municipal corporation in the Commonwealth of Pennsylvania.
3. The amount in controversy, exclusive of interest and costs, is in excess of the sum of $ 3,000.
4. Middle West Construction, Inc., is an Ohio corporation, having its principal office or place of business in the City of Cleveland, Ohio, and was at all times hereinafter mentioned engaged in general construction work, including construction of roads, highways and sewers.
5. Heretofore, to wit, on May 11, 1939, Middle West Construction, Inc., entered into a written contract with the City of Pittsburgh for the construction of relief sewers in the Negley Run Drainage Basin, Section 2, Project PA 1590 -- F, Contract No. 5.
6. The contract referred to in Finding of Fact 5, provides, inter alia, as follows:
'Article 1. Scope of Work.
The Contractor shall furnish all of the materials and perform all of the work shown on the drawings and described in the specifications, entitled 'construction of Relief Sewer in the Negley Run Drainage Basin, Section 2, Project Pa 1590 -- F, Contract No. 5', and shall do everything required by this Agreement and the contract document.'
'Article 5. The contract documents shall consist of the following:
(2) Instructions to bidders.
(3) Proposal (as accepted).
(5) Supplemental Specifications.
(6) Specifications, including addenda or bulletins.
(8) Bonds executed by the ...