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GOLDEN WEST CONSTRUCTION COMPANY v. UNITED STATES

No. 6780.

304 F.2d 753 (1962)

GOLDEN WEST CONSTRUCTION COMPANY, a corporation, and General Insurance Company of America, a corporation, Appellants, v. UNITED STATES of America for the Use and Benefit of George BERNADOT, d/b/a George W. Bernadot, Red-E-Mix Concrete Company; and Joseph Campbell, Comptroller General of the United States of America, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied July 2, 1962.

Attorney(s) appearing for the Case

Richard I. Singer, San Diego, Cal. (William J. Cayias, Salt Lake City, Utah, Ben B. Rubin, Norman T. Seltzer, Herbert J. Solomon, San Diego, Cal., and D. Eugene Livingston, Salt Lake City, Utah, on brief), for appellants.

Max K. Mangum, Salt Lake City, Utah (H. Arnold Rich and Leonard W. Elton, Salt Lake City, Utah, on brief), for appellees.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

MURRAH, Chief Judge.

By this appeal Golden West Construction Company and its surety, General Insurance Company of America, attack a judgment in a Miller Act (40 U.S.C.A. § 270a et seq.) case for the reasonable value of labor and materials furnished by appellee-Bernadot in connection with the construction by Golden West of government radar stations in Utah.

Shortly after Bernadot began work under its subcontract...

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