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CONSOLIDATED ELECTRIC CO. v. UNITED STATES

No. 19553.

355 F.2d 437 (1966)

CONSOLIDATED ELECTRIC CO., et al., Appellants, v. UNITED STATES of America for Use and Benefit of GOUGH INDUSTRIES, INC., Appellee.

United States Court of Appeals Ninth Circuit.

January 18, 1966.

Attorney(s) appearing for the Case

Robert M. Peterson, of Newton & Irvin, Los Angeles, Cal., for appellants.

Ralph W. Hoffman, of Behymer, Hoffman & Hunt, Los Angeles, Cal., for appellees.

Before JERTBERG and ELY, Circuit Judges, and POWELL, District Judge.

ELY, Circuit Judge.

In this Miller Act (40 U.S.C. §§ 270a-270d (1964)) case, the prime contractor and his surety appeal from a summary judgment granted by the District Court against them and a subcontractor and in favor of one who supplied material to the subcontractor. The subcontractor, Consolidated Electric Company, did not appeal.

Jacob J. Peretz, doing business as Peretz Construction Co., entered into a contract with the United States. Under...

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