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BOWDEN v. UNITED STATES

No. 14658.

239 F.2d 572 (1956)

Leslie S. BOWDEN, Trustee in Bankruptcy for the Estate of Frank T. Hickey, Inc., Bankrupt, Twaits-Morrison-Knudsen-Macco, Morrison Knudsen Company, Inc., Macco Corporation, Ford J. Twaits Co., Ford J. Twaits, individually and as trustee, Edna M. Twaits, Jane Twaits Lataillade, Carl H. Wittenberg and Carl H. Wittenberg, Jr., as partners associated in business under the common name and style of Ford J. Twaits Co. and Fidelity & Deposit Company of Maryland, Appellants, v. UNITED STATES of America for the use of Emmett J. MALLOY, Appellee. UNITED STATES of America for the use of Emmett J. MALLOY, Cross-Appellant, v. Leslie S. BOWDEN, trustee in bankruptcy, etc., et al., Cross-Appellees.

United States Court of Appeals Ninth Circuit.

December 31, 1956.

Attorney(s) appearing for the Case

Craig, Weller & Laugharn, Los Angeles, Cal. (Frank C. Weller, C. E. H. McDonnell, Thomas S. Tobin, Los Angeles, Cal., of counsel), for appellants Bowden and others.

McCall & McCall, Clinton R. Stevenson, Los Angeles, Cal., William P. Malloy, Inglewood, Cal., for Emmett J. Malloy.

Before FEE and CHAMBERS, Circuit Judges, and WALSH, District Judge.

WALSH, District Judge.

In September, 1951 the United States entered into a contract with appellant Twaits-Morrison-Knudsen-Macco, a joint venture,1 (hereinafter the "prime contractor"), whereby the latter was to furnish the materials and perform the work for constructing launching facilities, utilities, and roads at the Navy Air Missile Test Center, Point Mugu, California. The initial contract amount, before change orders, was $3,661,000...

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