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BASICH BROS. CONST. CO. v. UNITED STATES

No. 11353.

159 F.2d 182 (1946)

BASICH BROS. CONST. CO. et al. v. UNITED STATES, for Use of TURNER et al.

Circuit Court of Appeals, Ninth Circuit.

December 26, 1946.

Attorney(s) appearing for the Case

Stephen Monteleone, of Los Angeles, Cal., for appellants.

Clifford R. McFall of Tucson, Ariz., for appellees.

Before MATHEWS, STEPHENS, and ORR, Circuit Judges.

ORR, Circuit Judge.

On January 25, 1945, Basich Brothers Construction Company, as prime contractor, entered into a contract with the United States of America to perform certain construction work at the Davis-Monthan Field, Tucson, Arizona. Hartford Accident and Indemnity Company, a corporation, was Basich Brothers' surety. The following items were included in said contract:

"Item 9 Gravel embankment; Item 11 Gravel for stabilized subgrade under gravel base...

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