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SECURITY INSURANCE CO. OF NEW HAVEN v. UNITED STATES

No. 19191.

338 F.2d 444 (1964)

SECURITY INSURANCE COMPANY OF NEW HAVEN, CONN. and Ray E. Trappman and Helen Trappman, Appellants, v. UNITED STATES of America for the use of Sam HAYDIS dba Haydis Oil Company, Appellee.

United States Court of Appeals Ninth Circuit.

November 4, 1964.

Attorney(s) appearing for the Case

John P. Frank, Gerald K. Smith, Don Davis, Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, Ariz., for appellants.

W. T. Elsing, F. R. Crable, Elsing & Crable, Phoenix, Ariz., for appellee.

Before CHAMBERS, MERRILL and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

This appeal presents one of those "neat" questions which delight legal technicians, but have nothing to do with the merits of the case. The action is under the Miller Act (40 U.S.C. §§ 270a-270d). The pertinent provisions of the Act appear in 270b(a) and (b) and are as follows: (We have emphasized the language directly involved here.)

"(a) Every person who has furnished labor or...

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