Glens Falls Indemnity Company v. United States

229 F.2d 370 GLENS FALLS INDEMNITY COMPANY, a corporation, Appellant, v. UNITED STATES of America, At the Relation of and to the Use of WESTING-HOUSE ELECTRIC SUPPLY COMPANY, Wm. Radkovich Company, Inc., et al., Appellees. No. 13606. United States Court of Appeals Ninth Circuit. June 7, 1955. As Amended on Denial of Rehearing February 13, 1956. John E. McCall, George B. T. Sturr, Albert Lee Stephens, Jr., J. Harold Decker, Los Angeles, Cal., for appellant. 1 Anderson, McPharlin & Conners, Los Angeles, Cal., for appellee Wm. Radkovich Co., Inc. 2 Glen Behymer, Los Angeles, Cal., for appellee Westinghouse Electric Supply Co. 3 Before HEALY and POPE, Circuit Judges, and BOLDT, District Judge. 4 BOLDT, District Judge. 5 By a contract with the United States dated June 19, 1947 Radkovich Co. agreed to construct one hundred poured concrete houses for the Army Airfield at Muroc, California. The appellee insurance companies issued for Radkovich Co. a payment bond conditioned as required by the Miller Act, 49 Stat. 793 , 40 U.S.C.A. § 270a. By a subcontract dated July 30, 1947 Woolley contracted with Radkovich to perform the electrical work in the construction of the houses…