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JAMES STEWART CO. v. DENNETT-ROBERTSON ELECTRIC, INC.

No. 16974.

291 F.2d 147 (1961)

JAMES STEWART COMPANY, Appellant, v. DENNETT-ROBERTSON ELECTRIC, INC., Appellee.

United States Court of Appeals Ninth Circuit.

May 31, 1961.

Attorney(s) appearing for the Case

Eugene S. Ives, Martin J. Kirwan, Francis E. Smith, Los Angeles, Cal., and Wallace O. Tanner, Phoenix, Ariz., for appellant Stewart Co.

Anderson, McPharlin & Conners, Robert E. Jones, Los Angeles, Cal., for Dennett-Robertson Electric Inc.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

This case involves two disputes as to sums remaining due to a subcontractor (Dennett-Robertson Electric, Inc.) from the prime contractor (James Stewart Company) upon construction work performed for the United States Government at Edwards Air Force Base in Southern California. The action originally was brought under the Miller Act, 40 U.S.C. § 270b, against the parties to this appeal and their respective sureties by one who had furnished...

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