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U.S. EX REL. BARTEC IND. v. UNITED PACIFIC CO.

Nos. 91-15805, 91-15935.

15 F.3d 855 (1994)

UNITED STATES of America ex rel. BARTEC INDUSTRIES, INC., Plaintiff-Appellee-Cross-Appellant v. UNITED PACIFIC COMPANY, dba United Pacific Reliance Company, Defendant-Appellant-Cross-Appellee. KAUAI BUILDERS, INC., Defendant-Third-party Plaintiff v. SIMPSON-IRVINE, a joint venture organized in the State of California; Federal Insurance Company, a New Jersey corporation, Third-party Defendants-Cross-Appellees. SIMPSON-IRVINE, a joint venture, Fourth-party Plaintiff-Cross-Appellee v. BARTEC INDUSTRIES, INC., Fourth-party Defendant Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

January 31, 1994.

The Opinion filed October 6, 1992, slip op. 12085 and appearing at 976 F.2d 1274 (9th Cir.1992) are amended as follows. At slip op. 12091, 976 F.2d 1276, delete the final two sentences from the third full paragraph under the "FACTS" section and substitute the following in the paragraph:

"Both Simpson and Bartec then filed separately the necessary claim against Matson, which in turn paid Simpson $172,835.31 for costs associated...

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