United States of America for the Use of Building Rentals Corp., D/B/A Dick Fritz Painting, and Cross-Appellee, (Plaintiff Below) v. The Western Casualty and Surety Company, and Cross-Appellants. Commercial Lathing Company, D/B/A Pacific Plastering Corporation, a California Corporation, (Cross-Claimant Below) v. Building Rentals Corporation, a Corporation, D/B/A Dick Fritz Painting: Dick Fritz, (Cross-Defendants Below)

498 F.2d 335 UNITED STATES of America for the Use of BUILDING RENTALS CORP., d/b/a Dick Fritz Painting, Appellant and Cross-Appellee, (Plaintiff below) v. THE WESTERN CASUALTY AND SURETY COMPANY, et al., Appellees and Cross-Appellants. COMMERCIAL LATHING COMPANY, d/b/a Pacific Plastering Corporation, a California corporation, Appellant, (Cross-Claimant below) v. BUILDING RENTALS CORPORATION, a corporation, d/b/a Dick Fritz Painting: Dick Fritz, Appellees, (Cross-Defendants below). Nos. 73-1004, 73-1005. United States Court of Appeals, Ninth Circuit. June 4, 1974. C. E. Millikan Jr. (argued), of Millikan, Montgomery & Olafson, Pasadena, Cal., for appellant and cross appellee. James B. Merzon (argued), of Ogle & Gallo, Morro Bay, Cal., Fitzgerald, Abbott & Beardsley, Oakland, Cal., Fullerton, Lang & Richert, Fresno, Cal., for appellees and cross appellants. Before ELY and WRIGHT, Circuit Judges, and McGOVERN, * District judge. OPINION EUGENE A. WRIGHT, Circuit Judge: 1 This case originated as a claim under the Miller Act by a sub-subcontractor against the subcontractor and its sureties. 1 Plaintiff appeals and defendants cross-appeal from a district court judgment…