Apache Powder Co. v. Ashton Co.

This action was instituted in the District Court of Arizona by the United States, for the use of Apache Powder Company, a corporation, against the Ash-ton Company, Inc., and Mardian Construction Company, corporations, engaged in a Joint Venture as Ashton-Mardian Company, the Travelers Indemnity Company, a corporation, Pioneer Constructors, a corporation, and Construction Materials Company, a corporation. A judgment was rendered by the District Court against the plaintiff therein and in favor of Ashton-Mardian Company and Travelers Indemnity Company, and in favor of the plaintiff and against Pioneer Constructors in the sum of $18,-947.96. The action was brought under the Act of Congress of August 24, 1935 (40 U.S.C.A. § 270b), 1 known as the Miller Act, on the payment bond of the contractor under a contract with the United States of America which was performed and executed within the District of Arizona. Apache appealed to this Court from the judgment rendered against it and in favor of Ashton-Mardian and Travelers Indemnity.

Jurisdiction of the District Court was based on said § 270b, and in this Court on 28 U.S.C. § 1291 .

The District Court held that Apache did not comply with…