U.S. v. WESTERN STATES MECHANICAL CONTRACTORS

Nos. 84-1682, 84-1707 to 84-1709 and 84-1758.

834 F.2d 1533 (1987)

The UNITED STATES of America, for the Use of C.J.C., INC., a New Mexico corporation, Plaintiff-Appellee, v. WESTERN STATES MECHANICAL CONTRACTORS, INC., a New Mexico corporation; Commercial Union Insurance Co., a Massachusetts corporation; and Sandia Corporation, a New Mexico corporation, d/b/a Sandia National Laboratories, Defendants-Appellants. UNITED STATES of America, for the Use of HUGG SURVEYING CO., Plaintiff-Appellee, v. WESTERN STATES MECHANICAL CONTRACTORS, INC., a New Mexico corporation; and Commercial Union Insurance Co., a Massachusetts corporation, Defendants-Appellants. UNITED STATES of America, for the Use of HUGG SURVEYING CO., Plaintiff-Appellant, v. WESTERN STATES MECHANICAL CONTRACTORS, INC., a New Mexico corporation; and Commercial Union Insurance Co., a Massachusetts corporation, Defendants-Appellees. The UNITED STATES of America, for the Use of C.J.C., INC., a New Mexico corporation, Plaintiff-Appellant, v. WESTERN STATES MECHANICAL CONTRACTORS, INC., a New Mexico corporation; and Commercial Union Insurance Co., a Massachusetts corporation, Defendants-Appellees. UNITED STATES of America, for the Use of FRED SANCHEZ CONSTRUCTION COMPANY, Plaintiff-Appellee, v. WESTERN STATES MECHANICAL CONTRACTORS, INC., a New Mexico corporation; and Commercial Union Insurance Co., a Massachusetts corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 30, 1987.


Attorney(s) appearing for the Case

Robert N. Singer (Barry D. Williams with him on the briefs), Singer, Smith & Williams, P.A., Albuquerque, N.M., for plaintiffs-appellants, C.J.C., Inc. and Hugg Surveying Co.

Tibo J. Chavez, Jr., Belen, N.M., for plaintiff-appellant, Fred Sanchez Const. Co.

Robert G. Kavanagh (Martin E. Threet with him on the briefs), Threet & King, Albuquerque, N.M., for defendants-appellees, Western States Mechanical Contractors, Inc.

Before MOORE, McWILLIAMS and ANDERSON, Circuit Judges.


STEPHEN H. ANDERSON, Circuit Judge.

I. Summary

These consolidated actions were brought by subcontractors against the prime contractor Western States Mechanical Contractors, Inc. ("Western") and its bonding company, seeking, inter alia, contract and quantum meruit damages relating to their work on construction of a live fire range at Kirtland Air Force Base, New Mexico. The project involved federal contracts. The claims, therefore, proceed under the Miller...

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