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MACRI v. UNITED STATES

No. 19049.

353 F.2d 804 (1965)

Sam MACRI, Don Macri and Sam Macri, Jr., a partnership d/b/a Macri Construction Company, and Continental Casualty Company, a corporation, Appellants, v. The UNITED STATES of America, for the Use of JOHN H. MAXWELL & COMPANY, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

December 2, 1965.

Attorney(s) appearing for the Case

John E. Manders, Anchorage, Alaska, Lyle L. Iversen, Lycette, Diamond & Sylvester, Seattle, Wash., for appellants.

Donald McL. Davidson, Ferguson & Burdell, Seattle, Wash., Theodore M. Pease, Jr., Burr, Boney & Pease, Anchorage, Alaska, for appellees, cross-appellants.

Before POPE, KOELSCH and BROWNING, Circuit Judges.

KOELSCH, Circuit Judge.

This is a suit under the Miller Act, 49 Stat. 793, 40 U.S.C.A. §§ 270a-270e. It includes claims by John H. Maxwell & Company, Inc. (Maxwell), a subcontractor, against the general contractor, Macri Construction Company, a partnership (Macri) and the latter's surety, Continental Casualty Company, and Macri's counter-claims against Maxwell and Maxwell's surety, General Insurance Company...

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