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UNITED STATES v. WESTERN ELECTRIC CO.

No. 19024.

337 F.2d 568 (1964)

The UNITED STATES of America, for the Use and Benefit of Barney AUSTIN, an individual, and Great American Insurance Company, Appellants, v. WESTERN ELECTRIC CO., Inc., and Merchants Fire Assurance Corporation of New York, Appellees.

United States Court of Appeals Ninth Circuit.

October 5, 1964.

Attorney(s) appearing for the Case

Wm. J. Conners, Anderson, McPharlin & Conners, Los Angeles, Cal., for appellants.

Marvin A. Freeman, Ivon B. Blum, Beverly Hills, Cal., for appellees.

Before CHAMBERS and KOELSCH, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge:

In this Miller Act1 case, use plaintiff, Barney Austin, a subcontractor, and his surety, Great American Insurance Company, have appealed from a summary judgment in favor of the defendants Western Electric Co., Inc., a prime contractor, and its surety, Merchants Fire Assurance Corporation of New York.

Western Electric entered into a contract with the United States...

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