Baker & Ford Co. v. United States

363 F.2d 605 BAKER & FORD CO., a corporation, and The Fidelity and Casualty Company of New York, a corporation, Appellants, v. UNITED STATES of America for the Use and Benefit of URBAN PLUMBING & HEATING CO., corporation, Appellee. No. 20384. United States Court of Appeals Ninth Circuit. July 19, 1966, Rehearing Denied Aug. 30, 1966. Mike Stepovich, Fairbanks, Alaska, Bruce T. Rinker, Bellingham, Wash., for appellants. Donald McL. Davidson, William B. Moore, Seattle, Wash., for appellee. Before MERRILL and KOELSCH, Circuit Judges, and BOWEN, District Judge. PER CURIAM: 1 This appeal is from the District Court's judgment against appellants in favor of appellee in proceedings as to the main action, under the Miller Act (40 U.S.C.A. 270a-270e) and, as to one relatively small item against only appellant Baker & Ford Co., under that Court's ancillary jurisdiction. 2 Appellant Baker & Ford Co. (sometimes herein called Baker) had the prime contract of April 1, 1959 with the United States Defense Department through its contracting Corps of Engineers to construct at Clear, alaska composite building No. 1 consisting of two dormitory wings with eating and recreational…