ROSCOE-AJAX CONSTRUCTION CO. v. UNITED STATES

No. 19843.

351 F.2d 305 (1965)

ROSCOE-AJAX CONSTRUCTION CO., Inc., et al., Appellants, v. UNITED STATES of America for the Use of TAYLER PRODUCTS CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

September 27, 1965.


Attorney(s) appearing for the Case

J. W. Ehrlich, Edward F. Dullea, San Francisco, Cal., for appellants.

Theodore A. Kolb, Sullivan, Roche, Johnson & Farraher, San Francisco, Cal., for appellee.

Before JERTBERG and DUNIWAY, Circuit Judges, and THOMPSON, District Judge.


PER CURIAM.

In this Miller Act (40 U.S.C. §§ 270a-270d) case, the general contractor appeals from a summary judgment granted by the District Court in favor of a material supplier to a subcontractor.

There was no genuine issue with respect to the material facts on the showing made at the District Court hearing. Appellants' fairly feeble opposition to the motion in the District Court has not been much strengthened on appeal. The general contractor...

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