Barnard-Curtiss Co. v. United States

BREITENSTEIN, Circuit Judge.

This action under the Miller Act1 is here for the second time. In the first appeal 2 a judgment in favor of D. W. Falls Construction Company and Ace Construction Company3 was reversed and the case remanded to the trial court for additional findings of fact. After adopting certain additional findings of fact the trial court again entered judgment for Falls and Ace and dismissed a counterclaim asserted by Barnard-Curtiss Company4 against Falls. Barnard and its surety appeal from that adverse judgment and contend that the additional findings are without support in the…