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SAM MACRI & SONS, INC. v. U.S.A.

No. 17934.

313 F.2d 119 (1963)

SAM MACRI & SONS, INC., a corporation, and Continental Casualty Company, a corporation, Appellants, v. U. S. A. for the Use of OAKS CONSTRUCTION COMPANY et al., Appellees.

United States Court of Appeals Ninth Circuit.

January 7, 1963.

Attorney(s) appearing for the Case

John E. Manders, Anchorage, Alaska, for appellant Sam Macri & Sons, Inc., and Continental Casualty Co.

Arthur Grunbaum, Seattle, Wash., for appellant Continental Casualty Co.

Shuler, Sayre, Winfree & Rankin, and Robert L. Myers, Portland, Or., for appellant Sam Macri & Sons, Inc.

Connolly & Walton, Anchorage, Alaska and Allen, Degarmo & Leedy, and Stuart G. Oles, Seattle, Wash., for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

This is an action under the Miller Act (40 U.S.C. §§ 270a, 270b). Oaks Construction Company ("Oaks") was a subcontractor and was plaintiff in the trial court and is appellee and cross-appellant here. American Automobile Insurance Co. was a co-plaintiff. It is an assignee of Oaks, and since its rights as such are not questioned, it will not be mentioned further. Sam Macri & Sons, Inc., ("Macri") was general contractor and defendant...

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