United States v. Golden West Construction Co.
District Court, D. Utah
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
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Textile Workers v. Lincoln Mills of Ala.Supreme Court of the United States · 1957
- Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
- Ragan v. Merchants Transfer & Warehouse Co.Supreme Court of the United States · 1949
- Woods v. Interstate Realty Co.Supreme Court of the United States · 1949
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3Cited by2 opinions
- Aetna Casualty and Surety Company v. United StatesCourt of Appeals for the Eighth Circuit · 1966
- Aetna Casualty & Surety Co. v. United States ex rel. R. J. Studer & SonsCourt of Appeals for the Eighth Circuit · 1966