UNITED STATES v. PHŒNIX ASSURANCE CO. OF NEW YORK

Nos. 36810, 36814, 36836, 36837.

163 F.Supp. 713 (1958)

The UNITED STATES of America for the Use of GAMERSTON & GREEN LUMBER COMPANY, a corporation, Plaintiff, v. PHŒNIX ASSURANCE COMPANY OF NEW YORK, a corporation, et al., Defendants. The UNITED STATES of America for the Use of DEVINCENZI AND HASKINS, a general partnership, Plaintiff, v. PHŒNIX ASSURANCE COMPANY OF NEW YORK, a corporation, Lester Van Hagen, F. L. Clark, H. M. Stephens, Individually and as copartners doing business as Van Hagen & Clark Construction Company, a copartnership, et al., Defendants. UNITED STATES of America for the Use and Benefit of SOULE STEEL COMPANY, a corporation, and Soule Steel Company, Plaintiffs, v. PHŒNIX ASSURANCE COMPANY OF NEW YORK, a corporation, Defendant. UNITED STATES of America, for the Use and Benefit of RAYMOND CONCRETE PILE COMPANY, a corporation, and Raymond Concrete Pile Company, a corporation, Plaintiffs, v. PHŒNIX ASSURANCE COMPANY OF NEW YORK, a corporation, Defendant.

United States District Court N. D. California, S. D.

June 27, 1958.


Attorney(s) appearing for the Case

Doyle & Clecak and Thelen, Marrin, Johnson & Bridges and Molkenbuhr & Molkenbuhr, San Francisco, Cal., for plaintiffs.

Bohnert & McCarthy, San Francisco, Cal., for defendant.


OLIVER J. CARTER, District Judge.

Plaintiffs, as suppliers of labor and materials to Van Hagen & Clark, contractors for the Post Library at the Presidio of San Francisco, have brought this action against the defendant, surety of the contractor, under the Miller Act. 40 U.S.C.A. § 270a. At the time of trial the Court limited the proof to the question of whether the Miller Act applied, and reserved all other issues for further trial pending determination of...

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