Central Steel Erection Co. v. Will

304 F.2d 548 CENTRAL STEEL ERECTION CO., a Corporation, and United States Fidelity and Guaranty Co., a Corporation, Appellants, v. Merrill F. WILL and Karl K. Larsen, Doing Business as Willar Construction Co., Appellees. No. 17108. United States Court of Appeals Ninth Circuit. May 16, 1962. As Amended on Denial of Rehearing August 10, 1962. Rosling, Williams, Lanz & Kastner, Seattle, Wash., Palda, Palda, Peterson & Anderson, Minot, N. D., William Cameron, Seattle, Wash., for appellants. Thor P. Ulvestad, Seattle, Wash., for appellees. Before POPE, HAMLEY and KOELSCH, Circuit Judges. POPE, Circuit Judge. 1 The appellant, Central Steel Erection Co., hereafter called Central Steel, had a contract with the United States for the construction of three radar towers for use by the United States Air Force, two of these towers to be erected at Ft. Lawton, in Seattle, Washington, and one at Neah Bay, some eighty miles distant from Seattle. As part of its contract, and pursuant to the provisions of the Miller Act, Title 40 U.S.C.A. §§ 270a and 270b, Central Steel procured and furnished the bond required by said Act, executed by appellant United States Fidelity & Guaranty…