Legal Opinion
United States v. Price-McNemar Construction Co.
Court of Appeals for the Ninth Circuit
Decided July 11, 1963No. 18429PublishedCited by 4 opinions
1Opinion of the Court
HAMLEY, Circuit Judge.
This is a suit to recover $6,508.83 for labor and materials furnished in the construction of a Government facility, brought pursuant to the Miller Act, 40 U.S.C. § 270-e. Upon motion of defendants the district court dismissed the second amended complaint on the ground that the action was not commenced within the time specified in 40,U.S.C. § 270b(b). Plaintiff appeals.1
Before reaching the merits we are met with appellee’s contention, in effect, that this court is without jurisdiction to entertain the appeal because, by reason of the late commencement of the action, no…
2Cases cited4 opinions
- Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
- Adolph G. Hoffman v. C. H. Halden, Dr. Donald E. Wair, Dr. G. F. Keller and Dr. F. Sydney HansenCourt of Appeals for the Ninth Circuit · 1959
- Charles Benton Russell v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Steiner v. 20th Century-Fox Film CorporationCourt of Appeals for the Ninth Circuit · 1956
3Cited by4 opinions
- United States ex rel. Air Control Technologies, Inc. v. Pre Con Industries, Inc.Court of Appeals for the Ninth Circuit · 2013
- United States v. WoodburyCourt of Appeals for the Ninth Circuit · 1966
- United States v. Price-MCourt of Appeals for the Ninth Circuit · 1963
- Security Insurance Co. of New Haven v. United States ex rel. HaydisCourt of Appeals for the Ninth Circuit · 1964