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U. S. FOR USE & BEN. OF CLARK ENG. v. FREETO CONSTRUCTION COMPANY

No. 75-1747.

547 F.2d 537 (1977)

UNITED STATES of America, for the Use and Benefit of CLARK ENGINEERING COMPANY, a Utah Corporation, Plaintiff-Appellant, v. FREETO CONSTRUCTION COMPANY, INC., a corporation, and Western Casualty and Surety Company, a corporation, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided January 7, 1977.

Attorney(s) appearing for the Case

S. Rex Lewis, Provo, Utah (Howard, Lewis & Petersen, Provo, Utah, on the brief), for plaintiff-appellant.

Garry W. Lassman, Pittsburg, Kan. (Wilbert, Lassman, Toburen & Wachter, Pittsburg, Kan., on the brief), for defendants-appellees.

Before HILL, SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

This is an action brought under the Miller Act by the use plaintiff, Clark Engineering Company, against Freeto Construction Co. and its surety for the sum of $13,992.65 due Clark Engineering for the furnishing of certain fabricated materials and performance of certain labor pursuant to a subcontract with Freeto, the prime contractor. 40 U.S.C. § 270f. By answer Freeto admitted owing Clark $13,992.65 under the subcontract. In its answer...

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