Apache Powder Company v. Ashton Company

264 F.2d 417 APACHE POWDER COMPANY, a corporation, Appellant, v. ASHTON COMPANY, Inc., Contractors and Engineers, formerly Ashton Building Company, and Mardian Construction Company, corporations engaged in Joint Venture as Ashton-Mardian Company, and Travelers Indemnity Company, a corporation, Appellees. No. 16052. United States Court of Appeals Ninth Circuit. Feb. 24, 1959. Evans, Kitchel & Jenckes, Alfred B. Carr. Phoenix, Ariz., for appellant. Hall, Catlin & Jones, Hamilton R. Catlin, Conner & Jones, A. O. Johnson, Tucson, Ariz., for appellees. Before POPE, Chief Judge, and HAMLEY and HAMLIN, Circuit Judges. HAMLIN, Circuit Judge. 1 This action was instituted in the District Court of Arizona by the United States, for the use of Apache Powder Company, a corporation, against the Ashton Company, Inc., and Mardian Construction Company, corporations, engaged in a Joint Venture as Ashton-Mardian Company, the Travelers Indemnity Company, a corporation, Pioneer Constructors, a corporation, and Construction Materials Company, a corporation. A judgment was rendered by the District Court against the plaintiff therein and in favor of Ashton-Mardian Company and Travelers…