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U.S. v. PRE CON INDUSTRIES, INC.

No. 11-56230.

720 F.3d 1174 (2013)

UNITED STATES for the use and benefit of AIR CONTROL TECHNOLOGIES, INC.; Air Control Technologies, Inc., a California corporation, Plaintiffs-Appellants, v. PRE CON INDUSTRIES, INC., a California corporation; First National Insurance Company of America, a Washington corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 28, 2013.

Attorney(s) appearing for the Case

Francis Lanak and Colin McCarthy (argued), Lanak & Hanna, P.C., Orange, CA, for Plaintiffs-Appellants.

Scott Robert Baker , Law Offices of Scott R. Baker, Grover Beach, CA, for Defendants-Appellees.

Before: MILAN D. SMITH, JR. and MARY H. MURGUIA, Circuit Judges, and JACK ZOUHARY, District Judge.

OPINION

MURGUIA, Circuit Judge:

The Miller Act requires that a general contractor on a federal construction project furnish a payment bond "for the protection of all persons supplying labor and material" on the project. 40 U.S.C. § 3131(b)(2). Any person who has supplied labor or material on the project may bring a civil action on the payment bond against the general contractor, see 40 U.S.C. §...

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