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UNITED STATES v. F. D. RICH CO., INC.

No. 19840.

439 F.2d 895 (1971)

UNITED STATES for the Use of R. W. VAUGHT CO., a Corp. and R. W. Vaught Co., a Corp., Appellees, v. F. D. RICH CO., INC., a Corp., American Surety Co. of New York, a Corp., United States Fidelity & Guaranty Co., a Corp. and General Reinsurance Corp., a Corp., Appellants.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied and Rehearing Denied March 30, 1971.

Attorney(s) appearing for the Case

John A. Biersmith, Dana B. Badgerow, Kansas City, Mo., and Lawrence Gochberg, Stanford, Conn., for appellants; Biersmith & Walsh, Kansas City, Mo., of counsel.

F. Philip Kirwan, Robert A. Goodman, Kansas City, Mo., Morgan M. Moulder, Camdenton, Mo., for appellees; Margolin & Kirwan, Kansas City, Mo., of counsel.

Before VAN OOSTERHOUT and BRIGHT, Circuit Judges, and NEVILLE, District Judge.

Rehearing En Banc Denied and Rehearing Denied March 30, 1971.

BRIGHT, Circuit Judge.

R. W. Vaught Company (Vaught), individually and as use plaintiff, brought the instant action under the Miller Act, 40 U.S.C. § 270a et seq., for recovery of unpaid amounts claimed to be due it by the prime contractor, F. D. Rich Company, Inc. (Rich), and its sureties1 for labor and materials furnished as a subcontractor on a government project...

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