McDANIEL v. ASHTON-MARDIAN COMPANY

357 F.2d 511 David S. McDANIEL, doing business as McDaniel Plumbing & Heating Company, Appellant, v. ASHTON-MARDIAN COMPANY (Joint Venure) and The Travelers Indemnity Company, a corporation, Appellees. No. 20128. United States Court of Appeals Ninth Circuit. March 1, 1966. John P. Frank, of Lewis Roca, Scoville, Beauchamp & Linton, Phoenix, Ariz., for appellant. Hall, Jones, Hannah & Trachta, Ben C. Birdsall, Russell E. Jones, Tucson, Ariz., for appellees. Before MERRILL, Circuit Judge, MADDEN, Judge of the Court of Claims, and BROWNING, Circuit Judge. MADDEN, Judge: 1 This is a Miller Act Claim, 49 Stat. 794 (1935), 40 U.S.C. § 270b (1964), by a subcontractor against a general contractor and its bonding company (jointly referred to as appellee). The question of liability was presented on cross motions for summary judgment by the parties. The essential issue in the case is whether the appellant as a subcontractor is entitled to compensation for delay in the course of doing certain portions of a job undertaken by appellee as prime contractor for an agency of the Federal Government. 2 On the same day appellee entered into a contract with the United States Government…