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PINOLE LAND COMPANY v. BAKER

No. 16737.

287 F.2d 828 (1961)

PINOLE LAND COMPANY, Inc., a corporation, George Smith, individually and as co-partners, and United States Fidelity and Guaranty Company, a corporation, Appellants, v. James W. BAKER and First Western Bank and Trust Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

February 13, 1961.

Attorney(s) appearing for the Case

L. Kenneth Say, Fresno, Cal., for appellant.

Rich, Fuidge & Dawson, Marysville, Cal., for appellee First Western Bank & Trust Co.

Victor L. Huber, Marysville, Cal., for appellee James W. Baker.

Before STEPHENS, MERRILL and KOELSCH, Circuit Judges.

MERRILL, Circuit Judge.

This action is brought under the Miller Act, 40 U.S.C. §§ 270a and 270b, for the recovery of sums due for labor and materials furnished upon a public work of the United States. Appellee Baker, the plaintiff below, was subcontractor upon the job and appellant Pinole Land Company, Inc., was the prime contractor with the United States. Appellant United States Fidelity and Guaranty Company was Pinole's surety upon its performance bond...

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