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UNITED STATES v. MOUNTAIN STATES CONST. CO.

Nos. 77-1112, 77-1167.

588 F.2d 259 (1978)

UNITED STATES of America, for the Use and Benefit of A. V. DeBLASIO CONSTRUCTION, INC., Plaintiff-Appellee, v. MOUNTAIN STATES CONSTRUCTION CO. et al., Defendants-Appellants, and MOUNTAIN STATES CONSTRUCTION CO. et al., Third Party Plaintiffs-Appellants, v. UNITED PACIFIC INSURANCE CO., Third Party Plaintiff-Appellant, v. A. V. DeBLASIO and Jean DeBlasio, his wife, and the martial community composed of them, Third Party Defendants-Appellees. UNITED STATES of America, etc., Plaintiff-Appellants, v. MOUNTAIN STATES CONSTRUCTION COMPANY et al., Defendants-Appellees, and MOUNTAIN STATES CONSTRUCTION CO. et al., Third Party Plaintiffs-Appellees, v. UNITED PACIFIC INSURANCE CO., Third Party Plaintiff-Appellee, v. A. V. DeBLASIO and Jean DeBlasio, etc., Third Party Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 21, 1978.

Attorney(s) appearing for the Case

Lyle L. Iversen (argued), Lycette, Diamond & Sylvester, Seattle, Wash., for defendants-appellants.

William B. Moore (argued), Ferguson & Burdell, Seattle, Wash., for plaintiff-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.

CHOY, Circuit Judge:

A. V. DeBlasio Construction, Inc., appeals from a judgment awarding it damages for breach of contract under the Miller Act, 40 U.S.C. § 270a et seq., against its contractor, Mountain States Construction Company. DeBlasio contends that damages were improperly limited. Mountain States cross-appeals, claiming that the court improperly rejected various setoffs against DeBlasio. We affirm the judgment of the district court, except for its denial...

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