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U.S. FOR USE AND BENEFIT OF REED v. CALLAHAN

Nos. 86-5965, 86-5968.

884 F.2d 1180 (1989)

UNITED STATES For Use and Benefit of Dennie REED, dba Dennie Reed & Sons, Inc., Plaintiff-Appellee, v. C.E. CALLAHAN, dba C.E. Callahan Co., Defendant-Cross-claimant-Appellee, v. ESTO, INC., formerly known as H.A. Ekelin & Assoc.; United Pacific Insurance Company; Reliance Insurance Co., Defendants-Cross-claimants-Appellants. UNITED STATES for Use and Benefit of Dennie REED, dba Dennie Reed & Sons, Inc., Plaintiff-Appellee, v. C.E. CALLAHAN, dba C.E. Callahan Co., Defendant-Cross-claimant-Appellant, v. ESTO, INC., formerly known as H.A. Ekelin & Assoc.; United Pacific Insurance Company; Reliance Insurance Co., Defendants-Cross-claimants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Donald B. Devirian, Brown & Brown, Los Angeles, Cal., for H.A. Ekelin & Associates, United Pacific Ins. Co., and Reliance Ins. Co., defendants-cross-claimants-appellants.

Herbert F. Blanck, Blanck & Blanck, Camarillo, Cal., for C.E. Callahan, defendant-cross-claimant-appellee.

Before HUG, HALL and WIGGINS, Circuit Judges.

HUG, Circuit Judge:

This case presents two appeals arising out of a district court action brought under the Miller Act, 40 U.S.C. §§ 270a-270d (1982), in which Callahan recovered a judgment for damages and attorneys' fees against H.A. Ekelin and Associates ("Ekelin"). In No. 86-5965, Ekelin appeals the denial of its motion for judgment notwithstanding the verdict ("JNOV"). Ekelin also challenges the trial court...

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