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HENSEL PHELPS CONST. CO. v. UNITED STATES

No. 10137.

413 F.2d 701 (1969)

HENSEL PHELPS CONSTRUCTION CO., a Colorado corporation and Aetna Casualty and Surety Company, a Connecticut corporation, Appellants, v. UNITED STATES of America for the Use and Benefit of Reynolds Electrical and Engineering Company, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

July 28, 1969.

Attorney(s) appearing for the Case

John J. Mullins, Jr., Denver, Colo. (Gorsuch, Kirgis, Campbell, Walker & Grover, Denver, Colo., were with him on the brief), for appellants.

Stuart S. Gunckel, Denver, Colo. (Akolt, Shepherd, Dick & Rovira, Denver, Colo., were with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN and HOLLOWAY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this Miller Act case, Reynolds Electrical and Engineering Company, a subcontractor, had judgment for $22,660 against Hensel Phelps Construction Company, the prime contractor, and its surety because of extra work performed by Reynolds in the construction of certain motor repair shops for the United States at Fort Carson, Colorado.

Hensel Phelps disputes the findings of the trial court that the work was not covered by the written...

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