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

Nos. 71-1485, 71-1519.

473 F.2d 720 (1973)

UNITED STATES of America for the Use of INDUSTRIAL LUMBER COMPANY, INC., Plaintiff-Appellee, v. F. D. RICH CO., INC., and Transamerica Insurance Co., a corporation, Defendants-Appellants. UNITED STATES of America for the Use of INDUSTRIAL LUMBER COMPANY, INC., Plaintiff-Appellant, v. CERPAC, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 22, 1973.

Attorney(s) appearing for the Case

Ronald N. Paul (argued), of Downey, Brand, Seymour & Rohwer, Sacramento, Cal., Lawrence Gochberg, Stamford, Conn., for defendants-appellants.

Dennis Harlowe (argued), E. M. Murray, Dale L. Carlisle, of Gordon, Thomas, Honeywell, Malanca, Peterson, O'Hern & Johnson, Tacoma, Wash., W. Austin Cooper, of Cooper, Sarkisian & Sands, Sacramento, Cal., for Gordon, Thomas, Honeywell, Malanca, Peterson, O'Hern & Johnson, Tacoma, Wash., for the appellee.

Before BROWNING, CARTER and WRIGHT, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

This is an appeal by F. D. Rich Co., Inc. (hereafter Rich) from a judgment in favor of Industrial Lumber, Inc. (hereafter Industrial), a building materials supplier, against Rich, a prime contractor on a government construction project, and Transamerica Insurance Co., his surety under the Miller Act, 40 U.S.C. §§ 270a-270d (1970). There is also a cross-appeal by Industrial, for interest on unpaid invoices, and attorneys' fees...

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