UNITED STATES v. NATT McDOUGALL COMPANY

Nos. 21461, 21461-A.

381 F.2d 686 (1967)

UNITED STATES of America to the Use of STANDARD OIL COMPANY OF CALIFORNIA, a corporation, Appellant, Cross-Appellant, and Cross-Appellee, v. NATT McDOUGALL COMPANY, a corporation, and Glens Falls Insurance Company, a corporation, Appellees, Harms Pacific Transport, Inc., a corporation, Appellant, Cross-Appellant, and Cross-Appellee.

United States Court of Appeals Ninth Circuit.

August 9, 1967.


Attorney(s) appearing for the Case

Duane Vergeer, Thomas Cavanaugh, Vergeer, Samuels, Cavanaugh & Roehr, Portland, Or., Robert R. Redman, Gavin, Robinson, Kendrick, Redman & Mays, Yakima, Wash., for appellant Harms Pacific Transport, Inc.

William V. Kelley, John E. Heath, Jr., Witherspoon, Kelley, Davenport & Toole, Spokane, Wash., for appellant Standard Oil Co. of California.

Hart Snyder, McKevitt, Snyder & Thomas, Spokane, Wash., for appellee Natt McDougall Co.

Cleveland C. Cory, Clarence R. Wicks, Richard A. Franzke, Davies, Biggs, Strayer, Stoel & Boley (Rockwood, Davies, Biggs, Strayer, Stoel & Wicks), Portland, Or., for appellee Glens Falls Ins. Co.

Before BROWNING, DUNIWAY and ELY, Circuit Judges.


ELY, Circuit Judge:

Standard Oil Company of California, the use plaintiff, filed suit in the District Court to recover sums allegedly due for petroleum products sold to Natt McDougall Company. Jurisdiction below rested upon section 2(b) of the Miller Act, 40 U.S.C. § 270b(b). McDougall filed a counterclaim against Standard and a cross-complaint against Harms Pacific Transport, Inc., seeking damages resulting from its use of contaminated diesel fuel sold by Standard...

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