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UNITED STATES v. ROSCOE-AJAX CONSTRUCTION CO.

Civ. A. No. 43683.

246 F.Supp. 439 (1965)

UNITED STATES of America for the Use and Benefit of VERMONT MARBLE COMPANY, a corporation, Plaintiff, v. ROSCOE-AJAX CONSTRUCTION CO., Inc., a corporation, et al., Defendant.

United States District Court N. D. California, S. D.

September 10, 1965.

Attorney(s) appearing for the Case

Morrison, Foerster, Holloway, Clinton & Clark, San Francisco, Cal., Francis C. Hutchens, Robert D. Raven and George F. Clinton, San Francisco, Cal., for plaintiff.

J. W. Ehrlich, San Francisco, Cal., Edward F. Dullea, San Francisco, Cal., for defendant.

WOLLENBERG, District Judge.

The Miller Act proceeding has been instituted under the provisions of Title 40 U.S.C.A. § 270a et seq. by the United States for the use of plaintiff, Vermont Marble Company, a corporation, against defendants Roscoe-Ajax Construction Company, et al. The plaintiff as subcontractor is claiming sums allegedly due and owing under a written subcontract agreement entered into with the general contractor Roscoe-Ajax in connection with a construction...

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