Pitcher Construction Company, Inc. v. United States of America Ex Rel. Wright Brothers Construction Co., Inc. And the Home Insurance Company, a New York Corporation, Pitcher Construction Company, Inc. v. The Home Insurance Company, a New York Corporation

322 F.2d 843 PITCHER CONSTRUCTION COMPANY, Inc., Appellant, v. UNITED STATES of America ex rel. WRIGHT BROTHERS CONSTRUCTION CO., Inc. and the Home Insurance Company, a New York Corporation, Appellees. PITCHER CONSTRUCTION COMPANY, Inc., Appellant, v. The HOME INSURANCE COMPANY, a New York Corporation, Appellee. No. 18637. United States Court of Appeals Ninth Circuit. Sept. 19, 1963. McNealy, Merdes & Camarot, and Edward A. Merdes, Fairbanks, Alaska, for appellant. Guttormsen, Scholfield, Willits & Ager, and John A. Hamill, Seattle, Wash., for appellee Home Ins. Co. Before BARNES, HAMLEY and JERTBERG, Circuit Judges. BARNES, Circuit Judge. 1 In this Miller Act case (40 U.S.C. 270a and 270e), the lower court had jurisdiction (28 U.S.C. 1352) over these consolidated cases, as we have on this appeal (28 U.S.C. 1291) from the order below dismissing the causes of action with prejudice, and, by an amended notice of appeal, from the previous orders denying motions to determine attorney's liens, and denying a motion to make the First National Bank of Fairbanks a party defendant. 2 The two cases were assertedly settled by stipulations between the parties. However, the real party in…