L & E Co. v. U.S.A. Ex Rel. Kaiser Gypsum Co., Inc., Cal-Apex, Inc. v. U.S.A. Ex Rel. Kaiser Gypsum Co., Inc.

These appeals are from a summary judgment, entered pursuant to the determination and direction of the court under Rule 54(b) F.R.Civ.P. We have jurisdiction under 28 U.S.C. § 1291 .

Certain of the appellant corporations, doing business as Cal-Apex, a joint venture, were together the prime contractor for the construction of a “Capehart Act” housing project at Edwards Air Force Base, California. Three of the appellant surety companies were sureties for Cal-Apex. (See 42 U.S.C. § 1594 (a), 40 U.S.C. §§ 270a, 270b.) We refer to all of these appellants as “the Cal-Apex appellants.” Cal-Apex subcontracted the installation of gypsum wall board to appellant L & E Co. One of the appellant surety companies was its surety. We refer to these two appellants as “the L & E Co. appellants.” L & E Co. contracted with Reyco Building Material Co., Inc. for the wall board and certain related supplies. Reyco bought the board from appellee Kaiser Gypsum Co., Inc. Reyco not having been paid, Kaiser, as its as-signee, brought an action against the sureties of Cal-Apex. The District Court had jurisdiction on grounds of diversity of citizenship ( 28 U.S.C. § 1332 ) and under 28 U.S.C. § 1352 and 40 U.S.C.…