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FANDERLIK-LOCKE CO. v. UNITED STATES

No. 6144.

285 F.2d 939 (1960)

FANDERLIK-LOCKE CO., a corporation, and Great American Indemnity Company, a corporation, Appellants, v. UNITED STATES of America, for the Use of M. B. MORGAN, doing business as M. B. Morgan, Painting Contractor; and New Amsterdam Casualty Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 31, 1960.

Attorney(s) appearing for the Case

David R. Gallagher, of McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, N. M., for appellants.

W. A. Sloan, of Rodey, Dickason, Sloan, Akin & Robb, and John P. Eastham, Albuquerque, N. M., for appellees.

Before BRATTON, HUXMAN and PICKETT, Circuit Judges.

PICKETT, Circuit Judge.

This is a Miller Act case, 40 U.S.C.A. § 270a, et seq., in which a subcontractor1 seeks to recover, from a prime contractor and its bondsman, the value of labor performed and materials installed in addition to that provided for in the subcontract. It was alleged that, during the performance of the subcontract, required labor and materials were furnished, together with extras and additional work, at the request...

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