Legal Opinion
R. C. Limerick, Jr. v. T. F. Scholes, Inc., and United States Fidelity and Guaranty Company
Court of Appeals for the Tenth Circuit
Decided July 11, 1961No. 6674PublishedCited by 17 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
The issue is whether in a case brought under the Miller Act 1 a valid judgment may be obtained in third-party proceedings when there is extraterritorial service of process on the third-party defendant. The action was brought in the United States District Court for the District of Colorado by the United States for the use of Kern-Limerick, Inc., to recover from T. F. Scholes, Inc., a prime contractor under a federal construction contract, and the surety on its bond for materials furnished a subcontractor. Scholes and its surety filed a third-party complaint against…
2Cases cited5 opinions
- Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
- United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957
- United States v. Congress Construction Co.Supreme Court of the United States · 1911
- Fanderlik-Locke Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1960
- McWaters & Bartlett v. United StatesCourt of Appeals for the Tenth Circuit · 1959
3Cited by17 opinions
- Continental Casualty Company, Inc. v. Allsop Lumber Company, Inc., Allsop Lumber Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
- United States Ex Rel. Pensacola Construction Co. v. St. Paul Fire & Marine InsuranceDistrict Court, W.D. Louisiana · 1989
- O'KEEFE v. New York City Board of ElectionsDistrict Court, S.D. New York · 1965
- United States v. Harrison And Grimshaw Construction CompanyCourt of Appeals for the Tenth Circuit · 1962
- Trussell v. United Underwriters, Ltd.District Court, D. Colorado · 1964
12 more not listed; retrieve them via the Exa API.