1. Home
  2. Browse Decisions
  3. F.2d
  4. 745 F.2d
  5. 745 F.2d 595 (1984)
 

U.S. FOR USE OF MORGAN & SON v. TIMBERLAND PAVING

No. 83-3923.

745 F.2d 595 (1984)

UNITED STATES of America for the Use of MORGAN & SON EARTH MOVING, INC., a Washington Corporation, Plaintiff-Appellee, v. TIMBERLAND PAVING & CONSTRUCTION COMPANY, a Washington Corporation, and American Insurance Company, a corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1984.

Attorney(s) appearing for the Case

Charles C. Flower, Flower & Andreotti, Yakima, Wash., for defendants-appellants.

J.W. McArdle, McArdle, Dohn & Talbot, Craig L. Smith, Yakima, Wash., for plaintiff-appellee.

Before SKOPIL and NELSON, Circuit Judges and COYLE, District Judge.

SKOPIL, Circuit Judge:

Morgan & Son ("Morgan") brought this action under the Miller Act, 40 U.S.C. §§ 270a-270d (1982), to recover the balance due on an excavation subcontract with Timberland Paving & Construction Co. ("Timberland"). Timberland counterclaimed for indemnity against possible liability arising from Morgan's alleged over-excavation. After trial, the district court awarded Morgan damages and dismissed the counterclaim. We affirm the dismissal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases