Premier Roof Co. v. United States

315 F.2d 18 PREMIER ROOF CO., a corporation, American Casualty Company of Reading, Pennsylvania, Appellants, v. UNITED STATES of America for the Use and Benefit of ALPACA ELECTRIC CORPORATION, Appellee. No. 18124. United States Court of Appeals Ninth Circuit. March 26, 1963. Rehearing Denied May 24, 1963. Gill & Baldwin and Ernest R. Baldwin, Los Angeles, Cal., for appellants. Stapleton, Weinberg & Isen and F. G. Stapleton, Los Angeles, Cal., for appellee. Before JERTBERG and DUNIWAY, Circuit Judges, and FOLEY, Senior District Judge. JERTBERG, Circuit Judge. 1 Before us is an action under the Miller Act (40 U.S.C. §§ 270a, 270b, 270c and 279d). The parties are Alpaca Electric Corporation (hereinafter "Alpaca"), a licensed electrical subcontractor, plaintiff in the district court and appellee here, Premier Roof Co. (hereinafter "Premier"), a general contractor, and American Casualty Company of Reading, Pennsylvania (hereinafter "American"), defendants in the district court and appellants here. 2 No issue is raised as to the jurisdiction of the district court nor as to the applicability of the provisions of the Miller Act. 3 Premier was awarded a prime contract by…