U. S. FOR USE AND BENEFIT OF CHICAGO BRIDGE & IRON CO. v. ETS-HOKIN CORP.

Nos. 21033, 21816.

397 F.2d 935 (1968)

UNITED STATES of America, for the Use and Benefit of CHICAGO BRIDGE & IRON COMPANY, an Illinois corporation, Appellant, ETS-HOKIN CORPORATION, a California corporation, and the Travelers Indemnity Company, a Connecticut corporation, Appellees (two cases).

United States Court of Appeals Ninth Circuit.

June 21, 1968.


Attorney(s) appearing for the Case

No. 21033:

Frank C. Brophy, Jr., of Ryley, Carlock & Ralston, Phoenix, Ariz., for appellant.

Laurence N. Walker (argued), of Feldman, Waldman & Kline, San Francisco, Cal., Langerman, Begam & Lewis, Phoenix, Ariz., for appellee.

No. 21816:

Ryley, Carlock & Ralston, Phoenix, Ariz., for appellant.

Feldman, Waldman & Kline, San Francisco, Cal., for appellee.

Before JERTBERG and DUNIWAY, Circuit Judges and FOLEY, JR., District Judge.


JERTBERG, Circuit Judge:

A separate appeal was taken in each of the above causes, and separate briefs were filed, but were consolidated for hearing in this court. Hereafter we shall refer to Cause No. 21,033 as the "Arizona Case" and to Cause No. 21,816, as the "California Case." The United States is the nominal appellant in each case but the Chicago Bridge & Iron Company is the real party in interest, and shall hereafter be referred to as the "Subcontractor....

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