United States v. Roelof Construction Company

418 F.2d 1328 The UNITED STATES of America, FOR the USE AND BENEFIT OF C. H. BENTON, INC., a California corporation, Plaintiff-Appellant, v. ROELOF CONSTRUCTION COMPANY, doing business as Truett Painting Company; and Fidelity and Casualty Company of New York, Defendants-Appellees. No. 22639. United States Court of Appeals Ninth Circuit. Dec. 1, 1969. 1 David S. Folsom (argued), San Diego, Cal., for appellant. 2 Harold F. Tebbetts (argued), San Diego, Cal., for appellee. 3 Before ELY and HUFSTEDLER, Circuit Judges, and WHELAN, * District judge. WHELAN, District Judge: 4 This is an appeal by a Miller Act use plaintiff from a judgment of the U.S. District Court in favor of defendants. The defendants and appellees are Roelof Construction Company, which purchased painting materials from the use plaintiff for use on the government contract covered by the Miller Act bond, and Fidelity and Casualty Company of New York. 5 The use plaintiff had supplied defendant Roelof Construction Company, hereinafter Roelof, with painting materials for a period of about one and one-half years to two years prior to June of 1966 and up to at least June 20, 1966. The paint was supplied on various jobs, some…