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CAVE CONSTRUCTION, INC. v. UNITED STATES

No. 9259.

387 F.2d 760 (1967)

CAVE CONSTRUCTION, INC., a corporation, Appellant, v. UNITED STATES of America, Suing herein for the Use and Benefit of ANGELL BROS, INC., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

December 11, 1967.

Attorney(s) appearing for the Case

James P. Horiskey Cheyenne, Wyo., and Leo Graybill, Jr., Great Falls, Mont. for appellant.

Cresap S. McCracken, Great Falls, Mont., and James C. Wilson, Cheyenne, Wyo., for appellee.

Before MURRAH, Chief Judge, and JONES and HILL, Circuit Judges.

MURRAH, Chief Judge.

Defendant-Appellant Cave Construction, Inc., appeals from a Miller Act judgment in favor of its subcontractor, plaintiff-appellee Angell Bros., Inc., for sums due for the substantial performance of the subcontract.

The basic and undisputed facts are that Cave Construction contracted with the United States to furnish labor, materials and equipment and perform certain "dredging" and bulkheading in the Grant Village "Lagoon" and "Marina"...

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