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WESTERN CONTRACTING CORPORATION v. UNITED STATES

Nos. 10956, 10957.

376 F.2d 851 (1967)

WESTERN CONTRACTING CORPORATION and the Aetna Casualty & Surety Company, defendants, and Leslie Miller, Incorporated, and the Aetna Casualty & Surety Company, cross-defendants, Appellants, v. UNITED STATES of America for the Use and Benefit of ENCRETE, INC., a corporation, Appellee. ENCRETE, INC., Appellant, v. WESTERN CONTRACTING CORPORATION and the Aetna Casualty & Surety Company, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 28, 1967.

Attorney(s) appearing for the Case

George E. Cranwell, Washington, D. C. (Rutherford Day, and Cranwell & Best, Washington, D. C., on brief), for appellees in No. 10,956 and appellant in No. 10,957.

Thomas S. Jackson and Ernest L. Ruffner, Washington, D. C. (Jackson, Gray & Laskey, Washington, D. C., on brief), for Leslie Miller, Inc., appellant in No. 10,956.

Before SOBELOFF, BELL and WINTER, Circuit Judges.

PER CURIAM.

This action was brought under the provisions of the Miller Act, 40 U.S.C. § 270b (1964), by use plaintiff Encrete, Inc., against Western Contracting Corporation and its surety, Aetna Casualty & Surety Company, to recover amounts allegedly due under a contract between Encrete and Leslie Miller, Inc. Leslie Miller, Inc. is a cross-defendant. In these appeals, the interests of all defendants are identical.

During the years 1960 to 1962, Encrete...

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