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UNITED STATES v. PRICE-McNEMAR CONSTRUCTION CO.

No. 18429.

320 F.2d 663 (1963)

UNITED STATES of America, for the Use of E. E. BLACK LIMITED, a corporation, Appellant, v. PRICE-McNEMAR CONSTRUCTION CO., and Seaboard Surety Company, corporations, Appellees.

United States Court of Appeals Ninth Circuit.

July 11, 1963.

Attorney(s) appearing for the Case

Robertson, Castle & Anthony, J. Garner Anthony, Arthur B. Reinwald, Honolulu, Hawaii, for appellant.

Samuel Landau, Honolulu, Hawaii, Bryant, Campbell, McCormick & Danielson, John Michael McCormick, Los Angeles, Cal., for appellee.

Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge.

This is a suit to recover $6,508.83 for labor and materials furnished in the construction of a Government facility, brought pursuant to the Miller Act, 40 U.S.C. § 270-e. Upon motion of defendants the district court dismissed the second amended complaint on the ground that the action was not commenced within the time specified in 40 U.S.C. § 270b(b). Plaintiff appeals.1

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