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GOODYEAR TIRE & RUBBER COMPANY v. JONES

No. 111-68.

433 F.2d 629 (1970)

The GOODYEAR TIRE & RUBBER COMPANY, a corporation, Plaintiff-Appellee, v. Mrs. E. A. JONES, also known as Fern L. Jones, d/b/a Jones Electric Machinery Company, Universal Surety Company, a corporation, United States of America, the Topeka State Bank, et al., Defendants-Appellees, Bruce Walters and Duane Post, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 23, 1970.

Second Rehearing Denied February 16, 1971.

Attorney(s) appearing for the Case

B. L. Pringle, Topeka, Kan., for appellants.

Donald Patterson, Topeka, Kan. (David H. Fisher, C. K. Sayler, Jack L. Summers, Edwin Dudley Smith and Jerry R. Palmer, Topeka, Kan., on the brief), for appellees.

O. F. Baldwin, Topeka, Kan., for appellee The State of Kansas.

Before FAHY, Senior Circuit Judge, and HILL and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

The Memorandum of Decision entered by the District Court, 317 F.Supp. 1285, and its subsequent rulings and judgment held: (1) that appellants Walters and Post were not entitled to a labor lien for $5,500 lump sums payable to each of them at the end of a construction project; (2) that they were not entitled to recover such sums on a payment bond covering the work of their employer; and (3) that they were...

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