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UNITED STATES v. UNITED PACIFIC INSURANCE COMPANY

No. 71-2711.

472 F.2d 792 (1973)

UNITED STATES of America for the Use of Stanton W. Payne, Plaintiff, v. UNITED PACIFIC INSURANCE COMPANY, a Washington corporation, Defendant and Third Party Plaintiff-Appellee, v. DISCOUNT COMPANY, INC., a corporation, et al., Third Party Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 20, 1973.

Attorney(s) appearing for the Case

Ralf H. Erlandson (argued), of Erlandson & Morgan, Milwaukie, Ore., for appellants.

Paul R. Meyer (argued), Daniel J. Seifer, of Kobin & Meyer, Theodore S. Bloom, Portland, Ore., for appellee.

Before WRIGHT and CHOY, Circuit Judges, and TAYLOR, District Judge.

CHOY, Circuit Judge:

Stanton W. Payne furnished equipment and labor to appellant Discount Co., Inc. (Discount), a Washington corporation, for work in Oregon by Discount under a contract dated May 20, 1968 with the United States Department of Agriculture Forest Service at the Mona Campground and Lookout Boating Site (Mona Project). Pursuant to the Miller Act, 40 U.S.C. § 270b, Payne sued United Pacific Insurance Co. (United), a Washington corporation, surety for...

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