U.S. for Use of Superior Elec. Inc. v. Sletten Const.

12 F.3d 1111 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America for the Use of SUPERIOR ELECTRIC, INC., a Nevada corporation, Plaintiff-Appellant, v. SLETTEN CONSTRUCTION, a Montana corporation; St. Paul Fire & Marine Insurance Company, a Minnesota corporation, Defendants-Appellees. No. 92-15135. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 6, 1993. Decided Nov. 30, 1993. Before: TANG, TROTT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Superior Electric, Inc. ("Superior") was the electrical subcontractor, and Sletten Construction Company ("Sletten") was the prime contractor, on a federal construction project. Superior filed suit against Sletten and Sletten's surety, St. Paul Fire and Marine Insurance Company ("St. Paul"), seeking payment for work performed beyond the terms of the original contract with Sletten. The district court granted summary judgment for Sletten and St. Paul on the grounds a Supplemental…