Legal Opinion
United States v. Wibco, Inc.
District Court, District of Columbia
Decided June 24, 1975No. Civ. A. No. 75-0057PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
GESELL, District Judge.
This case presents the issue of whether a supplier of materials to a government contractor may allocate payments made “on account” but arising out of the government job to other outstanding obligations of the contractor and sue the surety on the government project for the unpaid balance under the Miller Act, 40 U.S.C. § 270b. The matter was tried to the Court without a jury and the parties were given the opportunity to file post-trial briefs arguing the law. This Memorandum Opinion states the Court’s findings of fact and conclusions of law.
The…
2Cases cited6 opinions
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- St. Paul Fire and Marine Insurance Company v. United States of America for the Use of Dakota Electric Supply Company, Anorth Dakota CorporationCourt of Appeals for the Eighth Circuit · 1962
- United States v. Johnson, Smathers & RollinsCourt of Appeals for the Fourth Circuit · 1933
- United States v. Roelof Construction CompanyCourt of Appeals for the Ninth Circuit · 1969
- United States Fidelity & Guaranty Co. v. McNulty Bros.Court of Appeals for the First Circuit · 1926
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- School District of Springfield R-12 Ex Rel. Midland Paving Co. v. Transamerica Insurance Co.Missouri Court of Appeals · 1982
- State Ex Rel. Palmer Supply Co. v. Walsh & Co.Alaska Supreme Court · 1978
- Silver Hill Concrete Corp. v. Thomason Industries Corp.District Court, District of Columbia · 1982
- U. S. For Use and Benefit of Clark-Fontana Paint Company, Inc. v. Wibco, IncCourt of Appeals for the D.C. Circuit · 1976
- School District of Springfield R-12 Ex Rel. Midland Paving Co. v. Transamerica Insurance Co.Missouri Court of Appeals · 1982