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U.S., WALTON TECHNOLOGY v. WESTSTAR ENGINEERING

Nos. 99-35311, 99-35457.

290 F.3d 1199 (2002)

UNITED STATES FOR THE USE AND BENEFIT OF WALTON TECHNOLOGY, INC.; Walton Technology, Inc., an Illinois corporation, Plaintiffs-Appellants, v. WESTSTAR ENGINEERING, INC., a California corporation; Reliance Opinion Insurance Company, a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 22, 2002.

Attorney(s) appearing for the Case

Alan B. Bornstein, Jameson Babbitt Stites & Lombard, P.L.L.C., Seattle, WA, for the plaintiffs-appellants.

Robert L. Zajac, Hillyer & Irwin, San Diego, CA, for the defendants-appellees.

Before THOMPSON, TROTT, and PAEZ, Circuit Judges.

Opinion by Judge PAEZ; Partial Concurrence and Partial Dissent by Judge TROTT.

OPINION

PAEZ, Circuit Judge.

In this case, Plaintiff Walton Technology, Inc. ("Walton"), a subcontractor on a federal construction project, claims that the prime contractor, Defendant Weststar Engineering, Inc. ("Weststar"), failed to pay Walton rental fees for equipment it rented from Walton for use on the project. Walton filed suit against Weststar and its Miller Act...

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