United States v. Rich Company

434 F.2d 855 UNITED STATES of America for the Use of WHITE MASONRY, INC., Plaintiff-Appellee, v. F. D. RICH COMPANY, Inc., Defendant-Appellant, and Transamerica Insurance Company, United States Fidelity & Guaranty Company, American Reinsurance Company, General Reinsurance Corporation, Insurance Company of North America, Defendants. No. 24962. United States Court of Appeals, Ninth Circuit. November 19, 1970. Charles P. Flynn (argued), of Burr, Pease & Kurtz, Anchorage, Alaska, for appellant. John M. Stern, Jr. (argued), Anchorage, Alaska, for appellee. Before CHAMBERS, HAMLEY and KILKENNY, Circuit Judges. KILKENNY, Circuit Judge: 1 F. D. Rich Company, Inc., the prime contractor under an agreement with the United States, appeals from a judgment in favor of the subcontractor, White Masonry, Inc. 2 Appellant was awarded a general contract for the construction of certain family housing units at Elmendorf Air Force Base in Alaska. Appellee was the masonry subcontractor under the general contract. The action was prosecuted against appellant and its surety under the Miller Act, 1 for the balance claimed due on the subcontract. Appellant counterclaimed for the cost of parging 2…