UNITED STATES v. AVANTI CONSTRUCTORS, INC.

No. 83-2129.

750 F.2d 759 (1984)

UNITED STATES of America, for the Use and Benefit of MARTIN STEEL CONSTRUCTORS, INC., Plaintiffs-Appellees, v. AVANTI CONSTRUCTORS, INC., Defendant, and Harvis Construction, Inc., Seaboard Surety Company, and The Home Insurance Company, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1984.


Attorney(s) appearing for the Case

David Schulmeister, Cades Schutte Fleming & Wright, Honolulu, Hawaii, for plaintiffs-appellees.

Robert Hines, San Francisco, Cal., for defendants-appellants.

Before HUG, TANG and SCHROEDER, Circuit Judges.


TANG, Circuit Judge:

I. OVERVIEW

Defendant Harvis Construction, Inc. (Harvis), appeals the district court's grant of summary judgment in favor of use plaintiff Martin Steel Construction, Inc. (Martin). Martin brought suit under the Miller Act, 40 U.S.C. § 270a-270d, for unpaid amounts due on its contract to supply steel materials to subcontractor Avanti Construction, Inc. (Avanti). Harvis maintains that summary...

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