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U.S., FOR McAMIS INDUSTRIES v. M. CUTTER CO.

Nos. 96-35776, 96-35846.

130 F.3d 440 (1997)

UNITED STATES of America, for the use and benefit of McAMIS INDUSTRIES OF OREGON, INC., Plaintiff-Appellee, v. M. CUTTER COMPANY and Indemnity Company of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided December 5, 1997.

Attorney(s) appearing for the Case

E. Joseph Dean, Stoel Rives LLP, Portland, OR, for defendants-appellants.

H. Lee Cook, John Spencer Stewart, Stewart, Sokol & Gray, Portland, OR, for plaintiff-appellee.

Before: JOHN T. NOONAN, Jr. and HAWKINS, Circuit Judges, and MERHIGE, District Judge.

NOONAN, Circuit Judge.

On April 10, 1995 McAmis Industries of Oregon, Inc. brought suit under the Miller Act against M. Cutter Company for a sum due for the use of its two barges by Cutter. The barges were actually returned by Cutter on June 29, 1995. The district court awarded McAmis not only the sum due on April 10, 1995 but also the sum due for the rent of the barges through June 29, 1995.

On this appeal Cutter contends that under the Miller Act suit may...

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