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UNITED STATES v. JAMES STEWART COMPANY

No. 18967.

336 F.2d 777 (1964)

UNITED STATES of America ex rel. WESTINGHOUSE ELECTRIC d/b/a Westinghouse Electric Supply Company, Appellant, v. JAMES STEWART COMPANY, a corporation, New Amsterdam Casualty Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 17, 1964.

Attorney(s) appearing for the Case

Ralph W. Hoffman, Behymer, Hoffman & Hunt, Los Angeles, Cal., for appellant.

Martin J. Kirwan, Ives, Kirwan & Dibble, Kenneth Lewis, Anderson, McPharlin & Conners, Los Angeles, Cal., for appellees.

Before CHAMBERS and BARNES, Circuit Judges, and McNICHOLS, District Judge.

McNICHOLS, District Judge.

This is an appeal from a District Court jury verdict in favor of the defendants (appellees) on a Miller Act claim (40 U.S. C.A. 270b). Appellant, Westinghouse Electric Company, (hereinafter referred to as Westinghouse) brought claim as an unpaid materialman of a subcontractor, Mojave Electric Company,1 (hereinafter referred to as Mojave) against the appellees, James...

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