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  5. 923 F.2d 146 (1991)
 

U.S. FOR USE OF PIPPIN v. J.R. YOUNGDALE CONST.

Nos. 88-6724, 89-55038.

923 F.2d 146 (1991)

UNITED STATES for the Use of PIPPIN, Norman, dba: Pippin Grading & Paving, Plaintiff-Appellee, v. J.R. YOUNGDALE CONSTRUCTION COMPANY, INC., Defendant, and Bishop Sheridan, III, dba: Bishop III Demolition, Defendant-Appellant. UNITED STATES for the Use of PIPPIN, Norman, dba: Pippin Grading & Paving, Plaintiff-Appellee, v. J.R. YOUNGDALE CONSTRUCTION COMPANY, INC.; Bishop Sheridan, III, dba: Bishop III Demolition, Defendants, and Lumbermen's Mutual Casualty, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 11, 1991.

Attorney(s) appearing for the Case

Larry E. Robinson, Anderson, McPharlin & Conners, Los Angeles, Cal., for defendants-appellants.

Marc R. Levine, Corona, Cal., for plaintiff-appellee.

Before NORRIS, HALL and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Norman Pippin ("Pippin") brought a single action under the Miller Act, 40 U.S.C. §§ 270a-d, against J.R. Youngdale Construction Company ("Youngdale"), Lumbermen's Mutual Casualty Company ("Lumbermen"), and Sheridan Bishop ("Bishop"). After a one-day bench trial, the district court determined that Pippin's claim was not barred by the one-year statute of limitations of section 270b(b) of the Miller Act and granted judgment...

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