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KINCAID & KING CONSTRUCTION COMPANY v. UNITED STATES

No. 18916.

333 F.2d 561 (1964)

KINCAID & KING CONSTRUCTION COMPANY, Inc., a corporation, Appellant, v. The UNITED STATES of America, for the Use of William OLDAY, Continental Casualty Company, a corporation, and United States Fidelity & Guaranty Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

June 22, 1964.

Attorney(s) appearing for the Case

D. A. Burr, G. F. Boney, Theodore M. Pease, Jr., Burr, Boney & Pease, Anchorage, Alaska, for appellant.

John E. Manders, Anchorage, Alaska, Lyle L. Iversen, Lycette, Diamond & Sylvester, Seattle, Wash., for appellee Continental Cas. Co.

Before CHAMBERS, Chief Judge, and HAMLIN and KOELSCH, Circuit Judges.

HAMLIN, Circuit Judge:

Appellant Kincaid & King Construction Company, Inc., is a prime contractor and appellee William Olday, d/b/a Olday Construction Company, is a subcontractor on government contract number DA-95-507-eng-792, awarded March 16, 1955. Appellee United States Fidelity & Guaranty Company is the surety of appellant under a payment bond executed pursuant to section 1 of the Miller Act, 49 Stat. 793 (1935), 40 U.S.C. § 270a(a) (2) (1958). Appellee...

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