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A. T. SMITH AND SONS v. N. P. VAN VALKENBURGH COMPANY

No. 19034.

337 F.2d 702 (1964)

A. T. SMITH AND SONS, a copartnership, etc., Appellant, v. N. P. VAN VALKENBURGH COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

October 23, 1964.

Attorney(s) appearing for the Case

Walter H. Young, Los Angeles, Cal., for appellant.

Darrell P. McCrory, Monteleone, McCrory & Skjeie, Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY, and BROWNING, Circuit Judges.

BARNES, Circuit Judge.

This case arises on appeal from a judgment rendered in favor of third-party plaintiff, N. P. Van Valkenburgh Co. (hereinafter referred to as "Vanco"), against third-party defendant, A. T. Smith & Co. (hereinafter referred to as "Smith"). The district court obtained jurisdiction of the original action filed by Arrow Road Construction Co. (hereinafter referred to as "Arrow") against Vanco under the Miller Act, 40 U.S.C. § 270b. This court...

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