United States of America, for the Use of J. Huizar and Sons, Inc. v. Environmental Construction Company Frank Munoz, Dba Environmental Construction Company

52 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 J. HUIZAR AND SONS, INC., Plaintiff-Appellee, v. ENVIRONMENTAL CONSTRUCTION COMPANY; Frank Munoz, dba Environmental Construction Company, Defendants-Appellants. Nos. 93-16914, 94-15434. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 15, 1995. Decided April 13, 1995. Before: REINHARDT, THOMPSON, and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 We affirm this Miller Act judgment. Though arguably some of the decisions could have been made the other way, the factual determinations were not clearly erroneous, and the others were not an abuse of discretion. I. Evidence Supporting Judgment 3 We review the findings of fact for clear error, which requires a definite and firm conviction that a mistake has been committed. United States v. Ramos, 923 F.2d 1346, 1356 (9th Cir.1991). Environmental, the general contractor, claimed that the subcontractor had not…