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UNITED STATES v. KELLEY

No. 18825.

327 F.2d 590 (1964)

UNITED STATES of America, for the Use and Benefit of MILLER & BENTLEY EQUIPMENT COMPANY, Inc., Appellant, v. James H. KELLEY, (Kelly), United Pacific Insurance Company, Maurice Ramage and Fred Ayala, Appellees.

United States Court of Appeals Ninth Circuit.

January 24, 1964.

Attorney(s) appearing for the Case

Charles E. Cole, Fairbanks, Alaska, for appellant.

Kobin & Meyer and Paul R. Meyer, Portland, Or., and McNealy & Merdes, Fairbanks, Alaska, for appellees.

Before JERTBERG, MERRILL and KOELSCH, Circuit Judges.

MERRILL, Circuit Judge:

Miller & Bentley (use plaintiff), as supplier of equipment to a subcontractor on a Government project in Alaska, has brought this action under the Miller Act, 40 U.S.C. §§ 270a, 270b, against the general contractor and his surety for unpaid rental of the equipment supplied. Judgment for the defendants was rendered upon the ground that the use plaintiff had not given notice of its claim...

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