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U.S. FOR USE AND BENEFIT OF WULFF v. CMA, INC.

No. 88-4207.

890 F.2d 1070 (1989)

UNITED STATES of America for the Use and Benefit of Robert WULFF and Caitlyn Wulff, husband and wife, Plaintiffs-Appellants, v. CMA, INC. and Reliance Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 27, 1989.

Attorney(s) appearing for the Case

John L. Gannon, Boise, Idaho, for plaintiffs-appellants.

Howard W. Carsman, Stafford, Frey, Cooper & Stewart, Portland, Or., for defendants-appellees.

Before NORRIS, THOMPSON and O'SCANNLAIN, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Robert and Caitlyn Wulff (the "Wulffs") appeal the district court's grant of summary judgment in favor of Reliance Insurance Company ("Reliance") dismissing the Wulffs' Miller Act suit filed under 40 U.S.C. § 270a. We affirm.

FACTS

CMA, Inc. ("CMA") as the prime contractor on a federal construction project for a Veterans Administration hospital in Boise, Idaho, supplied a payment bond written by Reliance Insurance...

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