U.S. FOR SAN JOAQUIN BLOCKLITE v. LLOYD E. TULL, INC.

No. 84-2113.

770 F.2d 862 (1985)

UNITED STATES of America, For the Use of SAN JOAQUIN BLOCKLITE, a California Corporation, Plaintiff-Appellant, v. LLOYD E. TULL, INC., El Camino Construction Company, and the Ohio Casualty Insurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1985.


Attorney(s) appearing for the Case

Bradley A. Silva, Robert L. Patch, II, Fullerton, Lang, Richert & Patch, Fresno, Cal., for plaintiff-appellant.

Myron F. Smith, Dietrich, Glasrud & Jones, Fresno, Cal., for defendants-appellees.

Before WALLACE and POOLE, Circuit Judges, and LEAVY, District Judge.


LEAVY, District Judge:

San Joaquin Blocklite supplied masonry materials to the masonry subcontractor on a federal government construction project. The subcontractor, General Masonry, did not pay its bill, and Blocklite turned to the general contractor for payment. The district court concluded as a matter of law that Blocklite's notice under the Miller Act, 40 U.S.C. §§ 270a-270f, to the general contractor was insufficient, and denied recovery on the general...

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