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SEABOARD SURETY CO. v. UNITED STATES

No. 19644.

355 F.2d 139 (1966)

SEABOARD SURETY CO., a corporate entity, etc., et al., Appellants, v. UNITED STATES of America for Use and Benefit of C.D.G., INC., a corporate entity, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 15, 1966.

Attorney(s) appearing for the Case

William E. Fitzpatrick, Peter A. Lewi, Los Angeles, Cal., for appellants.

David Daar, Los Angeles, Cal., for appellee.

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

JAMESON, District Judge:

This is an appeal from a judgment for $112,338.39, plus interest from July 24, 1961, in favor of a subcontractor against the prime contractor and its surety for work and labor performed on a Capehart housing project. The district court concluded that it had jurisdiction under Title 28 U.S.C. § 1352.1 This court's jurisdiction is based upon 28 U.S.C. § 1291.

The prime contractor, a joint venture...

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