Sam MacRi & Sons, Inc., a Corporation, and Continental Casualty Company, a Corporation v. U. S. A. For the Use of Oaks Construction Company

This is an action under the Miller Act (40 U.S.C. §§ 270a, 270b). Oaks Construction Company (“Oaks”) was a subcontractor and was plaintiff in the trial court and is appellee and cross-appellant here. American Automobile Insurance Co. was a co-plaintiff. It is an assignee ■of Oaks, and since its rights as such are not questioned, it will not be mentioned further. Sam Macri & Sons, Inc., (“Macri”) was general contractor and defendant in the trial court, and Continental Casualty Company (“Continental”) is Maori’s surety and co-defendant. Macri also cross-complained against Oaks. Macri and Continental appeal from a judgment for Oaks and against them, and Macri also appeals from that portion of the judgment which denies it relief on its cross-complaint. Oaks’ cross-appeal is from the part of the judgment awarding Macri certain of the relief demanded in its cross-complaint. Certain other parties will be mentioned later. We conclude that the judgment should be affirmed in its entirety.

The action arises out of a dispute regarding performance of a contract for the construction of outside utilities, road, street and sidewalk paving, and storm drainage at Elmendorf Air Force Base, Alaska,…