Colvin v. United States

549 F.2d 1338 Martin L. COLVIN, dba Martin L. Colvin Contractor, an Arizona Corporation, and Callie Colvin, his wife, and the Aetna Casualty & Surety Co., a Connecticut Corporation, Appellants, v. The UNITED STATES of America, for the Use and Benefit of MAGINI LEASING AND CONTRACTING, an Arizona Corporation, Appellee. No. 76-1592. United States Court of Appeals, Ninth Circuit. March 15, 1977. Michael J. LaVelle, argued, Edward C. Voss, III, Murphy, Posner & Froimson, Phoenix, Ariz., for appellants. Joseph E. McGarry, argued, Edward M. Lewis, Lewis & Roca, Phoenix, Ariz., for appellee. Appeal from the United States District Court For the District of Arizona. Before BARNES and ELY, Circuit Judges, and KUNZIG, Judge. * OPINION KUNZIG, Judge: 1 This Miller Act (40 U.S.C. § 270b (1970) ) case, on appeal from the United States District Court for the District of Arizona, presents issues of admissability of evidence and contract interpretation. After considering the briefs of the parties, reviewing the record, and hearing oral argument, we affirm the decision below for appellee-Magini Leasing and Contracting Corp. (Magini) as modified by this opinion. 2 Appellant Colvin…