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IN RE LIBERTY CONST.

Nos. 91-56519, 91-56520.

9 F.3d 800 (1993)

In re LIBERTY CONSTRUCTION. CONCRETE TIE OF SAN DIEGO, INC., United States, For the Use of dba Atlas Construction Supply, Plaintiff, v. LIBERTY CONSTRUCTION, INC., a California corporation, et al., Defendants. Lucille KURTIN, et al., Third-Party-Plaintiffs-Appellants, v. SMALL BUSINESS ADMINISTRATION, Third-Party-Defendant-Appellee. LIBERTY CONSTRUCTION, INC., a California corporation, Third-Party-Plaintiff-Appellant, v. SMALL BUSINESS ADMINISTRATION, Third-Party-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 12, 1993.

Attorney(s) appearing for the Case

Jeffrey N. Garland, Styn & Garland, San Diego, CA, for appellant Kurtin.

Laura J. Colburn, San Diego, CA, for appellant Liberty Const.

Robert H. Plaxico, Asst. U.S. Atty., San Diego, CA, for appellee Small Business Admin.

Before: FARRIS, NORRIS, and REINHARDT, Circuit Judges.

WILLIAM A. NORRIS, Circuit Judge:

Liberty Construction, a minority owned business, entered into a contract with the Small Business Administration to build a warehouse for the Navy. After being sued by subcontractors under the Miller Act, Liberty and its sureties (jointly referred to as appellants) cross-complained against the SBA for indemnification. They sought damages in excess of $500,000 on claims that the SBA breached its fiduciary, statutory, and regulatory...

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