U.S. FOR USE & BENEFIT OF GENERAL ROCK & SAND CORP. v. CHUSKA DEVELOPMENT CORP.

No. 94-4106.

55 F.3d 1491 (1995)

The UNITED STATES FOR the USE AND BENEFIT OF GENERAL ROCK & SAND CORPORATION, an Arizona corporation, Plaintiff-Appellant, v. CHUSKA DEVELOPMENT CORPORATION, a New Mexico corporation; Perry Construction, Inc., a Utah corporation; Zions First National Bank, a National Banking Association; Kelly Fischer and Jane Doe Fischer, husband and wife; Carl Broadbent and Jane Doe Broadbent, husband and wife; Leo Pledger and Jane Doe Pledger, husband and wife, dba Construction Co-op., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 19, 1995.


Attorney(s) appearing for the Case

Kevin John Witasick and William C. Knoche, Kevin John Witasick & Associates, Phoenix, AZ, for plaintiff-appellant.

Jesse C. Trentadue and Dahnelle Burton, Suitter Axland & Hanson, Salt Lake City, UT, for defendants-appellees Chuska Development Corp. and Perry Const., Inc.

T. Richard Davis, Callister Nebeker & McCullough, Salt Lake City, UT, for defendant-appellee Zions First National Bank.

Before HENRY, McKAY, and LOGAN, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiff General Rock & Sand Corp. brought suit to recover sums allegedly due for labor and materials it had furnished as a subcontractor on a Navajo reservation housing project. The complaint's stated basis for jurisdiction was the Miller Act, 40 U.S.C. §§ 270a-270d. From the sparse record before us, it appears the Navajo Housing Authority (NHA), an agency of the Navajo Nation, refused to certify some of plaintiff's work, a condition...

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