No. 16907.

302 F.2d 181 (1962)

GEER-MELKUS CONSTRUCTION COMPANY, formerly Geer-Maurer Construction Company, a Corporation, and Pennsylvania Fire Insurance Company, a Corporation, Appellants, v. UNITED STATES of America for the Use of BISON CONSTRUCTION CO., a North Dakota Corporation, and Kemper Construction Company, a North Dakota Corporation, Appellees.

United States Court of Appeals Eighth Circuit.

April 26, 1962.

Attorney(s) appearing for the Case

Robert Vaaler, Grand Forks, N. D., for appellant.

Philip B. Vogel, of Wattam, Vogel, Vogel, Bright & Peterson, Fargo, N. D., for appellee Bison Const. Co.

Richard H. McGee, of McGee, Van Sickle & Hankla, Minot, N. D., for appellee Kemper Const. Co., and Henry G. Ruemmele, Grand Forks, N. D., with McGee, Van Sickle & Hankla, Minot, N. D., on the brief.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and HENLEY, District Judge.

VAN OOSTERHOUT, Circuit Judge.

In this action, tried to the court, the use plaintiff Bison Construction Co. (Bison) was awarded judgment against Geer-Melkus Construction Company (Geer-Melkus) and the surety1 on its construction bond for a balance of $16,196.19 due on its subcontract to perform certain work for Geer-Melkus, the prime contractor, on a construction project at the Grand Forks Air Force Base. Kemper Construction Company (Kemper...

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