Court of Appeals for the Ninth Circuit January 31, 1994, Nos. 91-15805, 91-15935 (United States ex rel. Bartec Industries, Inc. v. United Pacific Co.)

The Opinion filed October 6, 1992, slip op. 12085 and appearing at 976 F.2d 1274 (9th Cir.1992) are amended as follows. At slip op. 12091, 976 F.2d 1276, delete the final two sentences from the third full paragraph under the “FACTS ” section and substitute the following in the paragraph:

“Both Simpson and Bartee then filed separately the necessary claim against Matson, which in turn paid Simpson