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U.S. EX REL. AURORA PAINTING v. FIREMAN'S FUND INS.

Nos. 86-4089, 87-3609.

832 F.2d 1150 (1987)

UNITED STATES, ex rel. AURORA PAINTING, INC., a Washington Corporation, Plaintiff-Appellee, v. FIREMAN'S FUND INSURANCE COMPANY, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 18, 1987.

Attorney(s) appearing for the Case

Timothy R. Byrnes, Anchorage, Alaska, for plaintiff-appellee.

Richard H. Foley, Jr., Anchorage, Alaska, for defendant-appellant.

Before GOODWIN, ANDERSON and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Overview

Nunvik Construction ("Nunvik") agreed with the United States Public Health Service ("Health Service") to construct a water tank at Deering, Alaska. Appellant Fireman's Fund Insurance Company ("Fireman's Fund") issued performance and payment bonds as surety for Nunvik, pursuant to the Miller Act, 40 U.S.C. §§ 270a to 270d (1986). Nunvik entered into a subcontract with appellee Aurora Painting ("Aurora") to...

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