UNITED STATES v. GOLDEN WEST CONSTRUCTION COMPANY

Civ. No. C-50-60.

194 F.Supp. 371 (1961)

UNITED STATES of America, For the Use and Benefit of George W. BERNADOT, Plaintiff, v. GOLDEN WEST CONSTRUCTION COMPANY, a corporation, and General Insurance Company of America, a corporation, Defendants.

United States District Court D. Utah, Central Division.

February 2, 1961.


Attorney(s) appearing for the Case

Leonard W. Elton and Max K. Mangum, Salt Lake City, Utah (Rich, Elton & Mangum, Salt Lake City, Utah), for plaintiff.

William J. Cayias and D. Eugene Livingston, Salt Lake City, Utah, Richard I. Singer, San Diego, Cal. (Rubin, Seltzer & Solomon, San Diego, Cal.), for defendants.


CHRISTENSON, District Judge.

Plaintiff, as a subcontractor under the prime contractor on a government project, sued under the Miller Act, 49 Stat. 794, 40 U.S.C.A. § 270b, for payment for performance under the sub-contract and, in the alternative, for the reasonable value of services and materials furnished under the sub-contract. The defendant prime contractor and its surety deny performance and assert a counterclaim for damages for plaintiff's alleged failure...

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