Pitcher Construction Co. v. United States ex rel. Wright Bros. Construction Co.

In this Miller Act case (40 U.S.C. §§ 270a and 270e), the lower court had jurisdiction ( 28 U.S.C. § 1352 ) over these consolidated cases, as we have on this appeal ( 28 U.S.C. § 1291 ) from the order below dismissing the causes of action with prejudice, and, by an amended notice of appeal, from the previous orders denying motions to determine attorney’s liens, and denying a motion to make the First National Bank of Fairbanks a party defendant.

The two cases were assertedly settled by stipulations between the parties. However, the real party in interest here (the law firm of McNealy, Merdes & Camarot) claims the stipulations were but “partially executed,” because that firm did not join with co-counsel (Stuart G. Oles, Esq.) in signing the same on behalf of Pitcher Construction Company, and that said firm is entitled to an attorney’s lien in the sum of $2,156.06, plus a “future fee” of $750.00.

The court below (a) denied the validity of the asserted attorney’s lien, (b) and denied the motion of Pitcher to make the First National Bank of Fairbanks (escrow trustee of the funds which were dealt with in the stipulated settlement) a party. There being no unsettled issues remaining,…