Legal Opinion
United States ex rel. Walter Toebe Construction Co. v. Guarantee Co. of North America
District Court, E.D. Michigan
Decided December 11, 2014No. Case No. 14-13398PublishedCited by 3 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS
DAVID M. LAWSON, District Judge.
Walter Toebe Construction Company, an unpaid contractor on a government construction project, has filed suit against the Guarantee Company of North America USA (GCNA) to collect what is owing to it for Toebe’s part of the project. Toebe has alleged several theories of recovery, including a claim under the Miller Act. GCNA, which issued payment and performance bonds and also stepped in to complete the project, has filed a motion to dismiss the complaint alleging that (1) it was…
2Cases cited24 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
- Bassett v. National Collegiate Athletic Ass'nCourt of Appeals for the Sixth Circuit · 2008
- Tackett v. M & G POLYMERS, USA, LLCCourt of Appeals for the Sixth Circuit · 2009
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3Cited by3 opinions
- Bright Works Engineering, PLLC, d/b/a Bright Works Engineering v. Camatic Seating Inc., and Neal, Gerber, & Eisenberg LLPDistrict Court, E.D. Michigan · 2025
- Sutton v. Mountain High Investments, LLCDistrict Court, E.D. Michigan · 2021
- United States v. Lifecycle Construction Services LLCDistrict Court, D. Maryland · 2024