United States v. Santa Fe Engineers, Inc.

567 F.2d 860 UNITED STATES of America For the Use of INSURANCE COMPANY OF NORTH AMERICA, Use-Plaintiff-Appellee, v. SANTA FE ENGINEERS, INC., a corporation, and the Traveler's Insurance Company, a corporation, Defendants-Appellants. No. 76-1497. United States Court of Appeals, Ninth Circuit. Jan. 13, 1978. Alfred Fadel (argued), Los Angeles, Cal., for defendants-appellants. Larry E. Robinson (argued), Los Angeles, Cal., for plaintiff-appellee. Appeal from the United States District Court for the District of Nevada. Before WRIGHT and ANDERSON, Circuit Judges, and WHELAN, District Judge. * PER CURIAM: 1 Santa Fe Engineers (Santa Fe) appeals from a Miller Act judgment for use-plaintiff Insurance Company of North America (INA) in the amount of $206,606.53, plus interest. INA, surety for a subcontractor on a government construction project, sought payment for costs incurred in completing the defaulting subcontractor's work as well as for the reasonable value of additional work done at the request of Santa Fe. 2 The district court awarded Santa Fe $4,392.10, plus interest, on its counterclaim for damages related to the subcontractor's default. The court disallowed Santa Fe's other…