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UNITED STATES FOR USE OF CELANESE COATINGS CO. v. GULLARD

No. 74-1103.

504 F.2d 466 (1974)

UNITED STATES of America for the Use of CELANESE COATINGS COMPANY, Appellee, v. Duane GULLARD, d/b/a United Paint Company (Defendant), and Fireman's Fund American Insurance Companies (Defendant and Appellant), Defendant-Appellant, v. Richard V. McNAIR, Third-Party Defendant.

United States Court of Appeals, Ninth Circuit.

October 17, 1974.

Attorney(s) appearing for the Case

Bruce E. Gagnon (argued), Atkinson, Conway, Young, Bell & Gagnon, Anchorage, Alaska, for defendant-appellant.

Richard F. Lytle (argued), Houston & Lytle, Anchorage, Alaska, for appellee.

Before BROWNING, ELY and GOODWIN, Circuit Judges.

OPINION

ELY, Circuit Judge:

Fireman's Fund American Insurance Companies (hereinafter Fireman's Fund), a surety, appeals from a summary judgment against it. Its principal, Duane Gullard, also suffered an adverse judgment, but he has not appealed. The action arose under the Miller Act, 40 U.S.C. §§ 270a-270e.

Contracting in 1969 to maintain the fuel storage tanks at Eielson Air Force Base, Alaska, Gullard furnished the Government with a payment...

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