Legal Opinion
Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply Company
Court of Appeals for the Fifth Circuit
Decided April 12, 1957No. 16374_1PublishedCited by 130 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge.
The question is whether summary judgment ought to have been granted against a general contractor and its surety 1 in an action under the Miller Act, 40 U.S.C.A. §§ 270a-270d, for materials furnished to or for a subcontractor 2 for construction of a Veterans Hospital.
We have long recognized that no matter how enticing, in an era of congested dockets, is a device to dispose of cases without the delay and expense of traditional trials with their sometime cumbersome and time-consuming characteristics, summary judgment was not devised for, must not be used as, a…
2Cases cited18 opinions
- Engl v. ætna Life Ins. Co.Court of Appeals for the Second Circuit · 1943
- Whitaker v. ColemanCourt of Appeals for the Fifth Circuit · 1940
- Radio City Music Hall Corp. v. United StatesCourt of Appeals for the Second Circuit · 1943
- Palmer v. ChamberlinCourt of Appeals for the Fifth Circuit · 1951
- Schreffler v. BowlesCourt of Appeals for the Tenth Circuit · 1946
13 more not listed; retrieve them via the Exa API.
3Cited by130 opinions
- National Screen Service Corporation v. The Poster Exchange, Inc.Court of Appeals for the Fifth Circuit · 1962
- Willie E. BOAZMAN, Plaintiff-Appellant, v. ECONOMICS LABORATORY, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1976
- Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. WeilCourt of Appeals for the Fifth Circuit · 1971
- Doris L. Gossett v. Du-Ra-Kel Corporation, D/B/A Swanee's Motel, and Duane v. Swanson, IndividuallyCourt of Appeals for the Fifth Circuit · 1978
- Glynn J. Pelotto v. L & N Towing CompanyCourt of Appeals for the Fifth Circuit · 1979
125 more not listed; retrieve them via the Exa API.