James Stewart Company v. Dennett-Robertson

Before BARNES, JERTBERG and MERRILL, Circuit Judges. MERRILL, C.J.: This case involves two disputes as to sums remaining due to a subcontractor (Dennett-Robertson Electric, Inc.) from the prime contractor (James Stewart Company) upon construction work performed for the United States Government at Edwards Air Force Base in Southern California. The action originally was brought under the Miller Act, 40 U.S.C. § 270(b), against the parties to this appeal and their respective sureties by one who had furnished supplies upon the project. The subcontractor and prime contractor filed cross-claims against each other. The dispute with the materialman was settled and only those between these parties were litigated in the district court. 1