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UNITED STATES v. FEDERAL INSURANCE COMPANY

No. 21253.

381 F.2d 361 (1967)

UNITED STATES of America for the Use and Benefit of FLOATING FLOORS, INC., a corporation, Appellant, v. FEDERAL INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 12, 1967.

Attorney(s) appearing for the Case

Michael M. Weekes, Dillavou & Cox, Los Angeles, Cal., for appellant.

David Leanse, Simon & Leanse, Los Angeles, Cal., for appellee.

Before BROWNING and ELY, Circuit Judges, and SMITH, District Judge.

RUSSELL E. SMITH, District Judge:

This case involves a notice problem under the Miller Act.1 The notice given in this case was not timely unless the time was extended by the furnishing of some replacement panels. We hold that the time was not extended, that there was not any material issue of fact, and we affirm the action of the trial court in granting a motion for summary judgment.

The...

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