This was an action by Andrew A. Pollia and six use plaintiffs, one of whom was appellant, J. A. Sharar, brought in the United States District Court for the District of Wyoming against E. C. Nickel, a base contractor, and the Federal Public Housing Authority, to recover for work done and materials furnished under subcontracts with the base contractor. On a former appeals, see Nickel v. Pollia, 10 Cir., 179 F.2d 160, the judgment was reversed and the cause was remanded with directions to determine the issues in light of the opinion. On the second hearing, the trial court entered judgment August 2, 1950 in favor of Pollia against Nickel for $29,086.36. Nickel paid this amount into the Federal Court September 11, 1950. After the satisfaction of preferred claims against Pollia, there remained of the judgment $19,701.07 for distribution among the use plaintiffs. Judgment was entered for Carleton A. Lathrop in the sum of $7,482.52, in satisfaction of an attorneys lien claim, which the court found in his favor. Judgment was entered for Sharar for $9,701.26 and the remainder went to parties not concerned with this appeal. The appeal by Sharar challenges the correctness of the judgment so far as it affects him.
