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LEW F. STILWELL, INC. v. U. S. TO USE OF AIR HANDLER, INC.

No. 20151.

358 F.2d 295 (1966)

LEW F. STILWELL, INC., a Corporation, and United Pacific Insurance Co., a Corporation, Appellants, v. UNITED STATES to the Use of AIR HANDLER, INC., a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 25, 1966.

Attorney(s) appearing for the Case

N.E. Youngblood, Beverly Hills, Cal., for appellants.

Fred H. Almy, San Bernardino, Cal., for appellee.

Before BARNES, HAMLIN and ELY, Circuit Judges.

HAMLIN, Circuit Judge.

On May 18, 1962, appellant Stilwell entered into a prime contract with the Department of the Air Force for the total construction of a building. Appellant United Pacific Insurance Co. furnished a bond, in accordance with the requirements of the Miller Act, providing that Stilwell or United Pacific would pay for any labor or materials supplied in the prosecution of the prime contract. On May 31, 1962, Stilwell subcontracted with appellee Air...

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