United States v. Ahearn

231 F.2d 353 UNITED STATES of America, for the use of WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a corporation, and all similarly situated, Appellant, v. John V. AHEARN, Sr., an individual doing business under the firm name and style of Ahearn Electric Company, and The Aetna Casualty and Surety Company, a corporation, Appellees. No. 14537. United States Court of Appeals Ninth Circuit. Oct. 26, 1955. Rehearing Denied Dec. 21, 1955. Evans, McLaren, Lane, Powell & Beeks, Martin P. Detels, Jr., W. Byron Lane, Seattle, Wash., for appellant. Hoof, Shucklin & Harris, Seattle, Wash., Merrill Wallace, Bremerton, Wash., for appellees. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. JAMES ALGER FEE, Circuit Judge. 1 This is a claim by Westinghouse Electric Supply Company to recover on the contractor bond in the appropriate statutory action 1 for the balance of the price of latex-covered telephone cable installed in a government work project. 2 The Navy called for bids for major repairs to the electrical distribution quarters area, Puget Sound Navy Shipyard at Bremerton, to be completed in August, 1952. The invitation and specifications permitted a bid for either paper-wrapped or…