Industrial Services Co. v. RJW Const. Co., Inc.

28 F.3d 106 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. INDUSTRIAL SERVICES COMPANY, formally doing business as Pacific Systems Company, Plaintiff/cross-defendant-Appellee, v. RJW CONSTRUCTION COMPANY, INC., Defendant/counter-claimant-Appellant. No. 93-56101. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 17, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 RJW Construction Company ("RJW") appeals the district court's dismissal of its counterclaims against Industrial Services Company ("Industrial"). We dismiss the appeal for lack of jurisdiction. 3 RJW, a general contractor, entered into an agreement with Industrial, a subcontractor, for the construction of a roofing system on a building owned by the Department of the Navy. After a dispute arose, Industrial filed a complaint against RJW alleging violations of the Miller Act, 40 U.S.C. Sec. 270 (b). In its answer, RJW asserted various state-law…