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UNITED STATES v. CAMPBELL

Nos. 17181, 17182.

293 F.2d 816 (1961)

UNITED STATES of America ex rel. CARTER-SCHNEIDER-NELSON, INC., a corporation, Appellant, v. Jack T. CAMPBELL, doing business as Campbell Construction and Equipment Company, and Fidelity and Casualty Company of New York, a corporation, Appellees. UNITED STATES of America ex rel. CARTER-SCHNEIDER-NELSON, INC., a corporation, Appellant, v. Jack T. CAMPBELL, doing business as Campbell Construction and Equipment Company, and Phoenix Assurance Company of New York, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

August 17, 1961.

Attorney(s) appearing for the Case

Anderson, McPharlin & Conners and Kenneth E. Lewis, Los Angeles, Cal., for appellant.

Thomas E. Davis, Arthur M. Bohnert, Jr., Bohnert & McCarthy and Dudley Harkleroad, Barrett, Lucy & Harkleroad, San Francisco, Cal., for appellees.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.

BARNES, Circuit Judge.

These are two suits under the Miller Act. Jurisdiction in the trial court was based upon 40 U.S.C.A. §§ 270a through 270d. Jurisdiction in this court rests upon 28 U.S.C. § 1291.

Appellant is a lessor of earth moving equipment. In March 1956 it leased such equipment to Anderson-Kerber Co., a subcontractor engaged in work on public works projects at Fort Funston and Travis Air Force Base. The prime contractor on both projects...

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