U. S., HILLSDALE ROCK, v. CORTELYOU & COLE, INC.

No. 75-3594.

581 F.2d 239 (1978)

UNITED STATES for the Use of HILLSDALE ROCK CO., INC., a California Corporation, Plaintiff-Appellee, v. CORTELYOU & COLE, INC., a corporation, United Pacific Insurance Group, a Corporation, First Doe through Fifth Doe, Inclusive, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

August 31, 1978.


Attorney(s) appearing for the Case

David M. Van Hoesen (argued), of Williams, Van Hoesen & Brigham, San Francisco, Cal., for defendant-appellant.

Hugh F. Connolly (argued), of Anderson, McMillian & Connolly, Burlingame, Cal., for plaintiff-appellee.

Before BROWNING and WRIGHT, Circuit Judges, and KUNZIG, Judge.


KUNZIG, Judge:

This action, involving an attempt by Hillsdale Rock Co., Inc., plaintiff/appellee, (hereinafter Hillsdale or plaintiff) to recover $8,401.25 on a "payment bond" furnished jointly to the United States and Stanford University (Stanford) by the defendant/appellants (or appellants) Cortelyou & Cole, Inc. (hereinafter C&C) and United Pacific Insurance Group (hereinafter UPIG) for construction work performed in connection with a contract between Stanford...

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