Mike H. Kostelac and Maryland Casualty Company, a Corporation v. United States of America, United States of America v. Mike H. Kostelac and Maryland Casualty Company, a Corporation

247 F.2d 723 Mike H. KOSTELAC and Maryland Casualty Company, a corporation, Appellants, v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant, v. Mike H. KOSTELAC and Maryland Casualty Company, a corporation, Appellees. No. 15343. United States Court of Appeals Ninth Circuit. June 28, 1957. Order Amending Opinion and Judgment September 3, 1957. COPYRIGHT MATERIAL OMITTED Eisenhower, Hunter, Ramsdell & Duncan, Tacoma, Wash., E. H. Tenney, Jr., Tenney, Dahman & Smith, St. Louis, Mo., for appellants. George C. Doub, Asst. Atty. Gen., John G. Laughlin, Paul A. Sweeney, Attorneys, Department of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., Seattle, Wash., for appellee. Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges. DENMAN, Chief Judge. 1 These are appeals by both plaintiff, United States, and by defendants, Mike Kostelac and his surety, the Maryland Casualty Company, from a judgment of the district court for the western District of Washington, Southern Division, awarding $30,716.18 to the United States in its action against defendants for breach of contract to purchase garbage, or food waste, for hog feed. 2 Most of the facts…