Legal Opinion

United States of America, for and on Behalf of Portland Construction Company v. Weiss Pollution Control Corporation

Court of Appeals for the Fifth Circuit

Decided June 4, 1976No. 74-4085PublishedCited by 39 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

This is an appeal from an order dismissing an action brought pursuant to the Miller Act, 40 U.S.C. § 270a et seq.

On November 9, 1972 appellee Weiss Pollution Control Corporation (Weiss) entered into a construction contract with the United States, acting by and through the Army Corps of Engineers, for certain canal and bridge construction work on the project commonly known as the Tampa Bypass Canal. At the same time appellee Argonaut Insurance Company (Argonaut), as surety, executed and delivered to the United States a Miller Act payment bond, with Weiss as principal, for…

2Cases cited15 opinions

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. Galt v. Libbey-Owens-Ford Glass Co.Court of Appeals for the Seventh Circuit · 1967
  3. United States Fidelity and Guaranty Company v. Hendry CorporationCourt of Appeals for the Fifth Circuit · 1968
  4. Agostini Bros. Bldg. v. United States Ex Rel. Virginia-Carolina Electrical Works, Inc.Court of Appeals for the Fourth Circuit · 1944
  5. Graybar Electric Company, Inc. v. John A. Volpe Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1967

10 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Employers Insurance of Wausau v. Bright Metal Specialties, Inc.Court of Appeals for the Eleventh Circuit · 2001
  2. Barbe v. VilleneuveSupreme Court of Florida · 1987
  3. United States v. John H. Thomas, Lonnie D. Clark and John H. ThomasCourt of Appeals for the Fifth Circuit · 1983
  4. United States Ex Rel. MPA Construction, Inc. v. XL Specialty InsuranceDistrict Court, D. Maryland · 2004
  5. Hutchinson J. Kroeger v. United States Postal ServiceCourt of Appeals for the Federal Circuit · 1988

34 more not listed; retrieve them via the Exa API.

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