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AMERICAN CAS. CO. OF READING, PA. v. ARROW ROAD CONST. CO.

No. 17577.

309 F.2d 923 (1962)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, and R. & W. Equipment, Inc., Appellants, v. ARROW ROAD CONSTRUCTION CO. and Camco Construction Co., Inc., Appellees.

United States Court of Appeals Ninth Circuit.

October 30, 1962.

Attorney(s) appearing for the Case

Anderson, McPharlin & Conners and Kenneth E. Lewis, Los Angeles, Cal., for appellant American Cas. Co. of Reading, Pa.

Everett H. Swing, San Bernardino, Cal., for appellant R. & W. Equipment, Inc.

James D. Garibaldi, Warren J. Lane, and Abe Mutchnik, Los Angeles, Cal., for appellee Arrow Road Const. Co.

Before CHAMBERS and BARNES, Circuit Judges, and ROSS, District Judge.

ROSS, District Judge.

This action involves a claim under the Public Buildings and Works Act (Miller Act), sec. 2, 49 Stat. 794 (1935), 40 U.S. C. § 270b (1958), for labor and material furnished to defendants by use-plaintiff Arrow Road Construction Co. (hereinafter Arrow Road). The District Court had jurisdiction pursuant to the provisions of the above mentioned section of the Miller Act, and this Court has jurisdiction under 28 U.S.C. § 1291.

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