RAMONA EQUIPMENT RENTAL v. CAROLINA CAS. INS. CO.

No. 12-55156.

755 F.3d 1063 (2014)

RAMONA EQUIPMENT RENTAL, INC., for the use of the UNITED STATES on behalf of a California corporation, Plaintiff-Appellee, v. CAROLINA CASUALTY INSURANCE COMPANY, a Florida corporation; Candelaria Corporation, an Arizona corporation; Otay Group, Inc., a California corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 20, 2014.


Attorney(s) appearing for the Case

Robert J. Berens (argued) and Adam D. Melton , Phoenix, AZ, for Defendants-Appellants.

James D. Crosby (argued) and Leah A. Plaskin , Klinedinst PC, San Diego, CA, for Plaintiffs-Appellees.

Dissent by Judge ERICKSON.


OPINION

PAEZ, Circuit Judge:

Candelaria Corporation ("Candelaria"), a prime contractor on a federal construction project, Carolina Casualty Insurance Company ("CCIC"), its surety, and Otay Group, Inc. ("Otay"), a subcontractor (collectively, "Defendants"), appeal the district court's judgment in favor of Ramona Equipment Rental, Inc. ("Ramona"), Candelaria's supplier of rental equipment, in Ramona's action under...

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