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AMERICAN CASUALTY CO. OF READING, PA. v. BREZINA CONST. CO.

No. 16770.

295 F.2d 603 (1961)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, Appellant, v. BREZINA CONSTRUCTION COMPANY, Inc., Appellee.

United States Court of Appeals Eighth Circuit.

November 1, 1961.

Attorney(s) appearing for the Case

Herbert L. Meschke, Minot, N. D., for appellant, Ilvedson, Pringle, Herigstad & Meschke, Minot, N. D., on the brief.

James L. Lamb, Grand Forks, N. D., for appellee, Degnan, Hager, McElroy & Lamb, Grand Forks, N. D., and John L. Wilds, Rapid City, S. D., on the brief.

Before SANBORN, MATTHES and RIDGE, Circuit Judges.

MATTHES, Circuit Judge.

This appeal is from the judgment on a cross-claim in a proceeding instituted under and pursuant to the provisions of Title 40 U.S.C.A. § 270a et seq., commonly known and referred to as the Miller Act.

The case is before us on an agreed statement submitted pursuant to our Rule 10(f), 28 U.S.C.A. From this stipulation it appears that Brezina Construction Company, Inc. (Brezina) and the United...

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