Legal Opinion
United States of America, for the Use and Benefit of Material Service Division of General Dynamics Corporation v. The Home Indemnity Company
Court of Appeals for the Seventh Circuit
Decided November 8, 1973No. 72-1435PublishedCited by 23 opinions
1Opinion of the Court
MURRAH, Senior Circuit Judge.
This is an appeal from an order dismissing a Miller Act claim 1 ***by a materialman against a general contractor and its statutory surety on the ground that the suit was not commenced within the prescribed one-year period. The Act requires the- giving of written notice within 90 days and the commencement of the suit within one year of the date when the last materials were supplied. The statute is remedial and to be liberally construed, but the giving of notice and bringing of suit within the prescribed time is a condition precedent to the right to maintain the…
2Cases cited10 opinions
- Hormel v. HelveringSupreme Court of the United States · 1941
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- Kansas City, St. L. & CR Co. v. Alton R. Co.Court of Appeals for the Seventh Circuit · 1941
- Joseph Schenfeld v. Norton CompanyCourt of Appeals for the Tenth Circuit · 1968
- T. F. Scholes, Inc., and the United States Fidelity and Guaranty Company v. United States of America for the Use of H. W. Moore Equipment CompanyCourt of Appeals for the Tenth Circuit · 1961
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Chitta R. Nanda, Cross-Appellant v. Ford Motor Company, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1975
- Libertyville Datsun Sales, Inc. v. Nissan Motor Corporation in U.S.A.Court of Appeals for the Seventh Circuit · 1985
- A&C Construction & Installatio v. Zurich American Insurance ComCourt of Appeals for the Seventh Circuit · 2020
- American Masons' Supply Co. v. F. W. Brown Co.Supreme Court of Connecticut · 1978
- John Meiners, Cross-Appellee v. Dennis Moriarity, Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1977
18 more not listed; retrieve them via the Exa API.