Legal Opinion

United States Ex Rel. E & H Steel Corp. v. C. Pyramid Enterprises, Inc.

Court of Appeals for the Third Circuit

Decided November 27, 2007No. 06-4209PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WEIS, Circuit Judge.

In this Miller Act case, we decide that a firm acted as a subcontractor when it supplied fabricated steel to the prime contractor that then used the material to construct the framework for a large Air Force facility. The subcontractor defaulted in payments due the company that it hired to fabricate the steel and deliver it to the construction site. The District Court denied recovery to the steel fabricator in this suit against the prime contractor and its sureties. We will reverse and remand for entry of judgment in favor of the steel company.

In September 2002, C.…

2Cases cited11 opinions

  1. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  2. Department of the Army v. Blue Fox, Inc.Supreme Court of the United States · 1999
  3. Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
  4. United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
  5. JW Bateson Co. v. United States Ex Rel. Bd. of Trustees of Nat. Automatic Sprinkler Industry Pension FundSupreme Court of the United States · 1978

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3Cited by6 opinions

  1. Lopez Castro v. Fidelity and Deposit Company of MarylandDistrict Court, District of Columbia · 2014
  2. U.S.A. ex rel. Liberty Mechanical Services, Inc. v. North American Specialty InsuranceDistrict Court, E.D. Pennsylvania · 2014
  3. Lopez Castro v. Fidelity and Deposit Company of MarylandDistrict Court, District of Columbia · 2014
  4. PENN ENGINEERING & MANUFACTURING CORP. v. PENINSULA COMPONENTS, INC.District Court, E.D. Pennsylvania · 2022
  5. Scionti Construction Group LLC. v. Aptim Environmental and Infrastructure, Inc.District Court, Virgin Islands · 2021

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