BARNARD-CURTISS COMPANY v. UNITED STATES

No. 5741.

257 F.2d 565 (1958)

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.

Petitions for Rehearing Denied July 24, 1958.


Attorney(s) appearing for the Case

Alfred P. Davis, and James L. Tilly, Denver, Colo. (Tilly & Skelton, Wilbur M. Alter, Denver, Colo., and Arthur H. Lindeman, Minneapolis, Minn., of counsel, were with them on the brief), for appellants.

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

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

This action under the Miller Act1 is here for the second time. In the first appeal2 a judgment in favor of D. W. Falls Construction Company and Ace Construction Company3 was reversed and the case remanded to the trial court for additional findings of fact. After adopting certain additional findings of fact the trial court again entered judgment for Falls...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases