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UNITED STATES v. J. C. BOESPFLUG CONSTRUCTION CO.

No. 18570.

325 F.2d 54 (1963)

UNITED STATES of America for the Use and Benefit of WARREN PAINTING CO., Inc., Appellant, v. J. C. BOESPFLUG CONSTRUCTION CO. and Travelers Indemnity Co., Appellees.

United States Court of Appeals Ninth Circuit.

November 18, 1963.

Attorney(s) appearing for the Case

D. A. Burr, G. F. Boney, and Theodore M. Pease, Jr., Anchorage, Alaska, for appellant.

Hughes, Thorsness & Lowe, and Richard O. Gantz, Anchorage, Alaska, for appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.

HAMLEY, Circuit Judge.

This is a suit, brought under the Miller Act, § 2, 49 Stat. 794 (1935), 40 U.S.C. § 270b (1958), to recover compensation for work performed in the construction of a government facility near Anchorage, Alaska. The action was brought on behalf of Warren Painting Company, Inc. (Warren), painting subcontractor on the project. The general contractor, J. C. Boespflug Construction Co. (Boespflug), and the surety on the general contractor...

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