Legal Opinion

United States v. Golden West Construction Co.

District Court, D. Utah

Decided February 2, 1961No. Civ. No. C-50-60PublishedCited by 2 opinions

1Opinion of the Court

CHRISTENSON, District Judge.

Plaintiff, as a subcontractor under the prime contractor on a government project, sued under the Miller Act, 49 Stat. 794, 40 U.S.C.A. § 270b, for payment for performance under the sub-contract and, in the alternative, for the reasonable value of services and materials furnished under the sub-contract. The defendant prime contractor and its surety deny performance and assert a counterclaim for damages for plaintiff’s alleged failure to perform the sub-contract. Plaintiff has moved to strike the counterclaim on the basis of a question of law reserved in the…

2Cases cited19 opinions

  1. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  2. Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
  3. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
  4. Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
  5. Woods v. Interstate Realty Co.Supreme Court of the United States · 1949

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3Cited by2 opinions

  1. Aetna Casualty and Surety Company v. United StatesCourt of Appeals for the Eighth Circuit · 1966
  2. Aetna Casualty & Surety Co. v. United States ex rel. R. J. Studer & SonsCourt of Appeals for the Eighth Circuit · 1966

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