United States of America to the Use of Wayne Bailey D/B/A Wayne Bailey Trucking v. Elmer J. Freethy, Individually and D/B/A Elmer J. Freethy Company

469 F.2d 1348 UNITED STATES of America to the Use of Wayne BAILEY d/b/a Wayne Bailey Trucking, Plaintiffs-Appellees, v. Elmer J. FREETHY, Individually and d/b/a Elmer J. Freethy Company, et al., Defendants-Appellants. No. 26783. United States Court of Appeals, Ninth Circuit. Nov. 27, 1972. R. Bruce Hoffe (argued), of Watson, Hoffe & Fannin, Richmond, Cal., for defendants-appellants. Donald E. Huckins (argued), of Weis & Huckins, Yuba City, Cal., for plaintiffs-appellees. Before TRASK, CHOY and GOODWIN, Circuit Judges. TRASK, Circuit Judge: 1 This is an appeal from a summary judgment in favor of a supplier of labor and materials and against a prime contractor and his bonding companies under the terms of the Miller Act, 1 40 U.S.C. Secs. 270a-270e. 2 No question is raised by the parties to the underlying facts. Elmer J. Freethy Co. (prime contractor) entered into a construction contract with the United States and provided a bond with corporate sureties for the protection of laborers and materialmen as required under the Miller Act. A subcontract was entered into by the prime contractor with Peter F. Giordano & Sons, Inc., (Giordano) for performance of a part of this…