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UNITED STATES v. ROGERS & ROGERS

Civ. Nos. 19487, 19769.

161 F.Supp. 132 (1958)

The UNITED STATES of America for the Use and Benefit of the LOS ANGELES TESTING LABORATORY [in No. 19487], for the Use and benefit of D. L. Holliday [in No. 19769], Plaintiff, v. ROGERS & ROGERS, a partnership, Charles John Rogers, Earl Granville Rogers, Fidelity and Casualty Company of New York, a corporation, Defendants. Charles John ROGERS and Earl Granville Rogers, formerly partners doing business as Rogers & Rogers, Counterclaimants, v. The LOS ANGELES TESTING LABORATORY, a corporation, D. L. Holliday and H. L. Gogerty, Counterdefendants.

United States District Court S. D. California, Central Division.

April 22, 1958.

Attorney(s) appearing for the Case

Gordon, Knapp & Gill, Los Angeles, Cal., for plaintiff and counterdefendant Los Angeles Testing Laboratory.

William J. Johnston and Ben M. Shera, Los Angeles, Cal., for plaintiff and counterdefendant D. L. Holliday.

Max Tendler and Andrew J. Weisz, Los Angeles, Cal., for defendants and counterclaimants Rogers and Rogers and defendant the Fidelity & Casualty Co. of New York.

John E. Glover, Los Angeles, Cal., for counterdefendant H. L. Gogerty.

MATHES, District Judge.

These actions were brought in the name of the United States, pursuant to § 2 of the Miller Act [49 Stat. 794 (1935), 40 U.S.C.A. § 270b], by the Los Angeles Testing Laboratory and D. L. Holliday, suppliers of labor and materials for a Government school-construction project, against the partnership of Rogers and Rogers, prime contractor for the project, and its surety [see Miller Act § 1, 49 Stat. 793 (1935), 40 U.S.C.A. §...

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