Kincaid & King Construction Company, Inc. v. United States

299 F.2d 787 KINCAID & KING CONSTRUCTION COMPANY, Inc., a corporation, Appellant, v. The UNITED STATES of America, for the Use of William OLDAY, Continental Casualty Company, a corporation, and United States Fidelity & Guaranty Company, a corporation, Appellees. No. 16519. United States Court of Appeals Ninth Circuit. February 21, 1962. D. A. Burr, G. F. Boney, Anchorage, Alaska, James Ratcliffe, San Francisco, Cal., for appellant. John E. Manders, Anchorage, Alaska, Arthur Grunbaum, Solie M. Ringold, Seattle, Wash., for appellee Continental Cas. Co. Before CHAMBERS, HAMLIN and KOELSCH, Circuit Judges. HAMLIN, Circuit Judge. 1 An action under the Miller Act, 40 U.S. C.A. §§ 270a-270d, was filed in the United States District Court for the Territory of Alaska by the United States for the use of William Olday, appellee herein, against Kincaid & King Construction Company and others for moneys alleged to be due to Olday as a subcontractor of Kincaid & King, the general contractor. Kincaid & King filed an answer denying the allegations of the complaint and a counterclaim (erroneously designated below as a cross-complaint) seeking damages from Olday by…