United States v. Rich Company, Incorporated

520 F.2d 886 UNITED STATES of America for the Use and Benefit of Val GREENHALGH and George Piper, d/b/a Acme Granite and Tile, Plaintiff-Appellant and Cross-Appellee, v. F.D. RICH COMPANY, INCORPORATED, a corporation doing business in the State of Washington, and American Surety Company, Defendants-Appellants and Cross-Appellants, and B & G Constructors, Incorporated, et al., Defendants-Appellees. Nos. 73-1431, 73-1432. United States Court of Appeals, Ninth Circuit. July 8, 1975. Ralph B. Potts (argued), Seattle, Wash., for appellants. John E. Ederer (argued), Seattle, Wash., Lyle L. Iversen (argued), Seattle, Wash., for appellee. OPINION Before DUNIWAY and CHOY, Circuit Judges, and Skopil, * District Judge. DUNIWAY, Circuit Judge: 1 This is the second appeal in this case, see 437 F.2d 549 . It was begun in 1963 by the Acme Granite and Tile Company (Acme) 1 to recover damages for alleged wrongful termination of its lathing, plastering and ceramic tile work subcontract by the F.D. Rich Company (Rich), the prime contractor for construction at Fort Lewis, Washington, of a 500 unit military housing project funded under the Capehart Act, 42 U.S.C. Secs. 1594 -1594k, Acme's…