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BARNARD-CURTISS COMPANY v. UNITED STATES

No. 5497.

244 F.2d 565 (1957)

BARNARD-CURTISS COMPANY, and The Seaboard Surety Company, Surety, Appellants, v. The UNITED STATES of America for the use and benefit of D. W. FALLS CONSTRUCTION CO.; and Ace Construction Co., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied May 23, 1957.

Attorney(s) appearing for the Case

Robert S. Skinner, Raton, N. M. (Robertson & Skinner, Raton, N. M., and Arthur H. Lindeman, Minneapolis, Minn., were with him on the brief), for appellants.

Owen B. Marron and T. B. Keleher, Albuquerque, N. M. (John B. Tittmann, Albuquerque, N. M., was with them on the brief), for appellees.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal by Barnard-Curtiss Company, herein called Barnard, from a judgment in favor of D. W. Falls Construction Company, herein called Falls, and a further judgment in favor of Ace Construction Company, herein called Ace. The action was instituted by Falls and Ace against Barnard under 40 U.S. C.A. § 270a et seq., The Miller Act.

Barnard held a prime contract with the Bureau of Reclamation for the construction and repair...

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