No. 397. January 21, 1941. Gerard D. Reilly and Irving J. Levy, both of Washington, D.C., and D. Douglas Howard, of New Orleans, La., for plaintiff. K.K. Miazza, of New Orleans, La., for defendant. CAILLOUET, District Judge. The motion to dismiss the complaint, "on the ground that it does not set forth a cause of action upon which relief can be granted", is based upon the mover's contention that, by reason of the contract made and entered into with him by the United States for the carrying of the