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UNITED STATES v. FREETHY

No. 26783.

469 F.2d 1348 (1972)

UNITED STATES of America to the Use of Wayne BAILEY d/b/a Wayne Bailey Trucking, Plaintiffs-Appellees, v. Elmer J. FREETHY, Individually and d/b/a Elmer J. Freethy Company, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

November 27, 1972.

Attorney(s) appearing for the Case

R. Bruce Hoffe (argued), of Watson, Hoffe & Fannin, Richmond, Cal., for defendants-appellants.

Donald E. Huckins (argued), of Weis & Huckins, Yuba City, Cal., for plaintiffs-appellees.

Before TRASK, CHOY and GOODWIN, Circuit Judges.

TRASK, Circuit Judge:

This is an appeal from a summary judgment in favor of a supplier of labor and materials and against a prime contractor and his bonding companies under the terms of the Miller Act,1 40 U.S.C. §§ 270a-270e.

No question is raised by the parties to the underlying facts. Elmer J. Freethy Co. (prime contractor) entered into a construction contract with the United...

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