Legal Opinion
United States ex rel. Calvin Tomkins Co. v. Clifford F. MacEvoy Co.
District Court, D. New Jersey
Decided March 17, 1943No. Civ. No. 2103PublishedCited by 2 opinions
1Opinion of the Court
FAKE, District Judge.
The issues here arise on motion to dismiss the complaint on the ground that it fails to state a valid cause of action.
It appears upon the face of the complaint herein that the MacEvoy Company entered into a contract with the Federal Works Administrator under the terms of which the MacEvoy Company was to furnish materials for and construct seven hundred dwelling units known as the Government’s Housing Project N. J. 28071. Thereafter the MacEvoy Company as principal and Aetna Casualty and Surety Company as surety entered into a bond in the amount of a million dollars…
2Cases cited8 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Neary v. Puget Sound Engineering Co.Washington Supreme Court · 1921
- Utah Const. Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- McNab & Harlin Manufacturing Co. v. Paterson Building Co.Supreme Court of New Jersey · 1907
- Northwest Roads Co. v. Clyde Equipment Co.Court of Appeals for the Ninth Circuit · 1935
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3Cited by2 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- United States ex rel. Calvin Tomkins Co. v. Clifford F. MacEvoy Co.Court of Appeals for the Third Circuit · 1943