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UNITED STATES v. F. D. RICH COMPANY

Nos. 23744, 23745, 23752 and 23753.

437 F.2d 549 (1970)

UNITED STATES of America for the Use of ACME GRANITE & TILE COMPANY, a Division of Piper & Greenhalgh, Incorporated, a Washington corporation, Appellant and Cross-Appellee, v. F. D. RICH COMPANY, Incorporated, a corporation, doing business in the State of Washington; B & G Constructors, Incorporated, Appellees and Cross-Appellants, American Surety Company, Appellee, Fireman's Fund Insurance Company, Appellant and Cross-Appellee, and United States Fidelity & Guaranty Company, Appellee and Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 8, 1971.

Attorney(s) appearing for the Case

Ralph B. Potts, Seattle, Wash. (argued), for Piper & Greenhalgh, Inc. and Val Greenhalgh and George Piper, as individuals.

Lycette, Diamond & Sylvester, Lyle L. Iversen, Seattle, Wash., for Fireman's Fund Ins. Co.

Richard S. White (argued), of Helsell, Paul, Fetterman, Todd & Hokanson, Seattle, Wash., for F. D. Rich Co. & American Surety Co.

Lyle L. Iversen, Seattle, Wash. (argued), McCormick, Hoffman, Rees & Arnold, Paul Hoffman, Jr., Tacoma, Wash. (argued), for B & G Constructors.

Before HAMLEY and WRIGHT, Circuit Judges, and GOODWIN, District Judge.

ALFRED T. GOODWIN, District Judge:

In an action by a subcontractor for damages against the prime contractor on an army housing project, the subcontractor appeals from a judgment notwithstanding the verdict.

The district court separated the issues of liability and damages. The jury found in favor of the plaintiff subcontractor on the issue of liability. The damages issues were then referred to a special master, who...

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