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BROWN WHOLESALE ELEC. CO. v. TRUSTEES OF HAWAII ELECTRICIANS ANNUITY

No. 98-16114.

179 F.3d 829 (1999)

BROWN WHOLESALE ELECTRICAL CO., INC., The United States of America for the use and benefit of, dba Excel Electrical Supply Company, Plaintiff-Appellee, v. TRUSTEES OF THE HAWAII ELECTRICIANS ANNUITY, Health and Welfare, Pension, Training, Vacation and Holiday, Prepaid Legal, Hawaii Electricians Market Enhancement Program and Supplementary Unemployment Benefits Funds, by and through their Fund Manager, Fred Kinumatsu, fka PECA-IBEW, Intervenor-Appellant, Utah Construction & Development, Inc.; National Fire Insurance of Hartford; TW Electrical Services, Inc.; Tsuneo Watanabe, Defendants.

United States Court of Appeals, Ninth Circuit.

Decided June 10, 1999.

Attorney(s) appearing for the Case

Wesley H. Ikeda, Tam, O'Connor & Henderson, Taira & Yamauchi, Honolulu, Hawaii, for the intervenor-appellant.

Ronald G.S. Au, Honolulu, Hawaii, for the plaintiff-appellee.

Before: FARRIS, NOONAN, and GRABER, Circuit Judges.

FARRIS, Circuit Judge:

The Trustees of the Hawaii Electricians Trust Funds appeal from the dismissal of their claims against Excel Electrical Supply Co. We reverse.

BACKGROUND

Utah Construction & Development was the general contractor for the Hawaii Job Corps Center federal construction project. Pursuant to the Miller Act, 40 U.S.C. § 270a(a)(2), Utah Construction furnished the United States with a payment bond, issued by National Fire Insurance...

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