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.https://leagle.com/images/logo.png
July 1, 1958.
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.
United States Court of Appeals Tenth Circuit.
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...
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