Legal Opinion

United States Ex Rel. Berkowitz v. Frankini Construction Co.

District Court, D. Massachusetts

Decided January 20, 1956No. Civ. A. 55-58-WPublishedCited by 14 opinions

1Opinion of the Court

WYZANSKI, District Judge.

(Oral opinion dictated from bench.)

This case is now before me upon the motion of Peerless Casualty Company, filed today (to which filing .the claimant, Henry B. Berkowitz, has assented and as to which it is expected that Frankini Construction Company will give an assent promptly).

Although the motion does not state on its face (and thus fails in some respects to comply with the rules) what is the ground upon which the motion is made, it seems to be agreed that the purpose of the motion is to raise the point that this suit was untimely filed.

The suit began with a…

2Cases cited1 opinion

  1. United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914

3Cited by14 opinions

  1. United States Fidelity and Guaranty Company v. Hendry CorporationCourt of Appeals for the Fifth Circuit · 1968
  2. United States v. MontgomeryCourt of Appeals for the Third Circuit · 1958
  3. United States Ex Rel. Benefit of T Square Equipment Corp. v. Gregor J. Schaefer Sons, Inc.District Court, E.D. New York · 1967
  4. Melrose Housing Authority v. New Hampshire InsuranceMassachusetts Appeals Court · 1987
  5. United States v. Seaboard Surety CompanyDistrict Court, N.D. Texas · 1961

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