TRAVELERS INDEMNITY COMPANY v. UNITED STATES

No. 20357.

362 F.2d 896 (1966)

The TRAVELERS INDEMNITY COMPANY, a corporation, Appellant, v. UNITED STATES of America, for the Use and Benefit of WESTERN STEEL COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 28, 1966.


Attorney(s) appearing for the Case

Ralph C. Sipprell, Portland, Or., Richard Crake, of Hillyer, Crake & Irwin, San Diego, Cal., for appellant.

Macoy A. McMurray, McKay & Burton, Salt Lake City, Utah, Roger L. Meyer, of Sabin, Dafoe & Newcomb, Portland, Or., for appellee.

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


THOMPSON, District Judge:

In this Miller Act case (40 U.S.C. § 270a et seq.), the Claimant, Western Steel Company, recovered judgment on the payment bond written by The Travelers Indemnity Company as surety for the General Contractor, Jen-Mar Construction Company. The general contract required the construction of a radar tower at Condon Air Force Station, Oregon. Jen-Mar entered into two contracts with Empire Steel, the first dated May 23, 1962, calling for the...

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