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UNITED STATES v. MARYLAND CASUALTY COMPANY

Civ. No. S-1181.

316 F.Supp. 750 (1970)

UNITED STATES of America for the Use and Benefit of CHEVRON ASPHALT COMPANY, Plaintiff, v. MARYLAND CASUALTY COMPANY, L. R. Wilson & Associates, L. R. Wilson and Robert Navarro, Defendants.

United States District Court, E. D. California.

June 23, 1970.

Attorney(s) appearing for the Case

Pillsbury, Madison & Sutro, San Francisco, Cal., for plaintiff.

Acret & Perrochet, Los Angeles, Cal., for defendants.

MEMORANDUM AND ORDER

MacBRIDE, Chief Judge.

This is a motion for summary judgment by the plaintiff in a Miller Act case (40 U.S.C. §§ 270a-270d). Defendants concede their liability for the amount of the prayer except for attorney fees. The subcontract and the bond made no provision for award of attorney fees. The only question to be decided is whether attorney fees are awardable in Miller Act cases in California absent a provision to that effect...

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