Legal Opinion

Barnard-Curtiss Co. v. United States

Court of Appeals for the Tenth Circuit

Decided April 25, 1957No. 5497PublishedCited by 4 opinions

1Opinion of the Court

HUXMAN, Circuit Judge.

This is an appeal by Barnard-Curtiss Company, herein called Barnard, from a judgment in favor of D. W. Falls Construction Company, herein called Falls, and a further judgment in favor of Ace Construction Company, herein called Ace. The action was instituted by Falls and Ace against Barnard under 40 U.S.C.A. § 270a et seq., The Miller Act.

Barnard held a prime contract with the Bureau of Reclamation for the construction and repair of an irrigation system in New Mexico, known as the Vermejo Project. Barnard’s project carried a completion date of June 15, 1955. In January,…

2Cases cited3 opinions

  1. Broderick Wood Products Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1952
  2. Berg v. EricksonCourt of Appeals for the Eighth Circuit · 1916
  3. United States Ex Rel. Gillioz v. John Kerns Const. Co.Court of Appeals for the Eighth Circuit · 1944

3Cited by4 opinions

  1. American Pipe & Steel Corporation v. Firestone Tire & Rubber CompanyCourt of Appeals for the Ninth Circuit · 1961
  2. M. W. Zack Metal Co. v. The S.S. Birmingham CityCourt of Appeals for the Second Circuit · 1961
  3. Barnard-Curtiss Company v. United StatesCourt of Appeals for the Tenth Circuit · 1957
  4. Steenberg Construction Company v. The Prepakt Concrete CompanyCourt of Appeals for the Tenth Circuit · 1967

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