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UNITED STATES v. ERICKSON PAVING COMPANY

No. 71-2656.

465 F.2d 396 (1972)

UNITED STATES of America, for the Use and Benefit of YARDLEY DRILLING COMPANY, Inc., a corporation, Plaintiff-Appellant, v. ERICKSON PAVING COMPANY and Associated Engineers & Contractors, Inc., Washington corporations, acting as Joint Venturers under the name and style of Stewart-Erickson, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

June 26, 1972.

Attorney(s) appearing for the Case

Thomas Malott (argued), of Malott, Keith & Southwell, Spokane, Wash., for appellant.

Stuart G. Oles (argued), of DeGarmo, Leedy, Oles & Morrison, Seattle, Wash., for appellees.

Before HAMLEY, HUFSTEDLER and GOODWIN, Circuit Judges.

HAMLEY, Circuit Judge:

This Miller Act (40 U.S.C. §§ 270a-270e) case involves a controversy between a prime contractor and its subcontractor as to the compensation the subcontractor is entitled to under a subcontract item covering drilling and shooting of solid rock, including all line drilling required.

The subcontractor, and use plaintiff, is Yardley Drilling Company, Inc., (Yardley). The principal defendants are Erickson Paving Company and Associated...

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