United States of America Ex Rel. Carter-Schneider-Nelson, Inc., a Corporation v. Jack T. Campbell, Doing Business as Campbell Construction and Equipmentcompany, and Fidelity and Casualty Company of New York, a Corporation,appellees. United States of America Ex Rel. Carter-Schneider-Nelson, Inc., a Corporation v. Jack T. Campbell, Doing Business as Campbell Construction and Equipmentcompany, and Phoenix Assurance Company of New York, a Corporation

293 F.2d 816 UNITED STATES of America ex rel. CARTER-SCHNEIDER-NELSON, INC., a corporation, Appellant, v. Jack T. CAMPBELL, doing business as Campbell Construction and EquipmentCompany, and Fidelity and Casualty Company of New York, a corporation,Appellees. UNITED STATES of America ex rel. CARTER-SCHNEIDER-NELSON, INC., a corporation, Appellant, v. Jack T. CAMPBELL, doing business as Campbell Construction and EquipmentCompany, and Phoenix Assurance Company of New York, a corporation, Appellees. Nos. 17181, 17182. United States Court of Appeals Ninth Circuit. Aug. 17, 1961. Anderson, McPharlin & Conners and Kenneth E. Lewis, Los Angeles, Cal., for appellant. Thomas E. Davis, Arthur M. Bohnert, Jr., Bohnert & McCarthy and Dudley Harkleroad, Barrett, Lucy & Harkleroad, San Francisco, Cal., for appellees. Before BARNES, HAMLIN and JERTBERG, Circuit Judges. BARNES, Circuit Judge. 1 These are two suits under the Miller Act. Jurisdiction in the trial court was based upon 40 U.S.C.A. 270a through 270d. Jurisdiction in this court rests upon 28 U.S.C. 1291. 2 Appellant is a lessor of earth moving equipment. In March 1956 it leased such equipment to Anderson-Kerber Co., a…