TECHNICA LLC v. CAROLINA CAS. INS. CO.

No. 12-56539.

749 F.3d 1149 (2014)

TECHNICA LLC, for the use and benefit of UNITED STATES of America, Plaintiff-Appellant, v. CAROLINA CASUALTY INSURANCE COMPANY; Candelaria Corporation; Otay Group, Inc.; Does 1 Through 10, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2014.


Attorney(s) appearing for the Case

J. Scott Scheper (argued), Jack R. Leer ; Seltzer Caplan McMahon Vitek, San Diego, CA, for Plaintiff-Appellant Technica, LLC.

Robert J. Berens (argued), Adam D. Melton ; Lewis Brisbois Bisgaard & Smith, LLP, Phoenix, AR, for Defendants-Appellees Carolina Casualty Insurance Company, Candelaria Corporation and Otay Group, Inc.

Before: RICHARD A. PAEZ and ANDREW D. HURWITZ, Circuit Judges, and RALPH R. ERICKSON, Chief District Judge.


OPINION

PAEZ, Circuit Judge:

In this Miller Act case, Technica, Inc. ("Technica"), a subcontractor on a federal construction project in California, appeals the grant of summary judgment to Candelaria Corporation ("Candelaria"), the prime contractor, and its surety Carolina Casualty Insurance Company ("CCIC"). See 40 U.S.C. §§ 3131-3134. At issue is whether the district court erred in concluding that because Technica was not a licensed California...

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