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UNITED STATES v. WESTERN CASUALTY AND SURETY CO.

Nos. 73-1004, 73-1005.

498 F.2d 335 (1974)

UNITED STATES of America for the Use of BUILDING RENTALS CORP., d/b/a Dick Fritz Painting, Appellant and Cross-Appellee, (Plaintiff below) v. The WESTERN CASUALTY AND SURETY COMPANY, et al., Appellees and Cross-Appellants. COMMERCIAL LATHING COMPANY, d/b/a Pacific Plastering Corporation, a California corporation, Appellant, (Cross-Claimant below) v. BUILDING RENTALS CORPORATION, a corporation, d/b/a Dick Fritz Painting: Dick Fritz, Appellees, (Cross-Defendants below).

United States Court of Appeals, Ninth Circuit.

June 4, 1974.

Attorney(s) appearing for the Case

C. E. Millikan, Jr. (argued), of Millikan, Montgomery & Olafson, Pasadena, Cal., for appellant and cross appellee.

James B. Merzon (argued), of Ogle & Gallo, Morro Bay, Cal., Fitzgerald, Abbott & Beardsley, Oakland, Cal., Fullerton, Lang & Richert, Fresno, Cal., for appellees and cross appellants.

Before ELY and WRIGHT, Circuit Judges, and McGOVERN, District Judge.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

This case originated as a claim under the Miller Act by a sub-subcontractor against the subcontractor and its sureties.1 Plaintiff appeals and defendants cross-appeal from a district court judgment awarding plaintiff $9,467.79 as the balance of the reasonable value of labor and material furnished by plaintiff on a construction job. We are concerned on appeal with two main issues: (1) whether...

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