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HAWAIIAN ROCK PRODUCTS v. A.E. LOPEZ ENTERPRISES

No. 94-15427.

74 F.3d 972 (1996)

UNITED STATES of America, for the Use and Benefit of HAWAIIAN ROCK PRODUCTS CORPORATION, a Nevada corporation, and Guam Concrete Group Ltd., a Guam corporation, Plaintiffs-Appellees, v. A.E. LOPEZ ENTERPRISES, LTD., Defendant, and Glen Roger Thompson, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 29, 1996.

Attorney(s) appearing for the Case

David J. Highsmith, Highsmith & O'Mallan, Agana, Guam, for defendant-appellant, Glen Roger Thompson.

Thomas M. Tarpley, Berman, Tarpley & Mann, Agana, Guam, for plaintiffs-appellees.

Before: LAY, Senior Circuit Judge, GOODWIN, and PREGERSON, Circuit Judges.

PREGERSON, Circuit Judge:

The Miller Act, 40 U.S.C. § 270, was enacted to protect suppliers of materials and labor for federal projects, and courts must construe it liberally to effect this purpose. F.D. Rich Co., Inc. v. United States, 417 U.S. 116, 124, 94 S.Ct. 2157, 2162-63, 40 L.Ed.2d 703 (1974). In particular, the act requires a general contractor on a federal project to post a bond to protect those who supply labor...

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