United States v. Erickson Paving Company

465 F.2d 396 UNITED STATES of America, for the Use and Benefit of YARDLEY DRILLING COMPANY, Inc., a corporation, Plaintiff-Appellant, v. ERICKSON PAVING COMPANY and Associated Engineers & Contractors, Inc., Washington corporations, acting as Joint Venturers under the name and style of Stewart-Erickson, et al., Defendants-Appellees. No. 71-2656. United States Court of Appeals, Ninth Circuit. June 26, 1972. Thomas Malott (argued), of Malott, Keith & Southwell, Spokane, Wash., for appellant. Stuart G. Oles (argued), of DeGarmo, Leedy, Oles & Morrison, Seattle, Wash., for appellees. Before HAMLEY, HUFSTEDLER and GOODWIN, Circuit Judges. HAMLEY, Circuit Judge: 1 This Miller Act (40 U.S.C. Secs. 270a-270e) case involves a controversy between a prime contractor and its subcontractor as to the compensation the subcontractor is entitled to under a subcontract item covering drilling and shooting of solid rock, including all line drilling required. 2 The subcontractor, and use plaintiff, is Yardley Drilling Company, Inc., (Yardley). The principal defendants are Erickson Paving Company and Associated Engineers & Contractors, Inc., acting as joint venturers under the name and…