Legal Opinion

L & E Co. v. U.S.A. Ex Rel. Kaiser Gypsum Co., Inc., Cal-Apex, Inc. v. U.S.A. Ex Rel. Kaiser Gypsum Co., Inc.

Court of Appeals for the Ninth Circuit

Decided November 22, 1965No. 19533, 19540PublishedCited by 28 opinions

1Opinion of the Court

DUNIWAY, Circuit Judge:

These appeals are from a summary judgment, entered pursuant to the determination and direction of the court under Rule 54(b) F.R.Civ.P. We have jurisdiction under 28 U.S.C. § 1291.

Certain of the appellant corporations, doing business as Cal-Apex, a joint venture, were together the prime contractor for the construction of a “Capehart Act” housing project at Edwards Air Force Base, California. Three of the appellant surety companies were sureties for Cal-Apex. (See 42 U.S.C. § 1594(a), 40 U.S.C. §§ 270a, 270b.) We refer to all of these appellants as “the Cal-Apex…

2Cases cited10 opinions

  1. Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
  2. D & L Construction Company v. Triangle Electric Supply Company, Inc.Court of Appeals for the Eighth Circuit · 1964
  3. Ansco Construction Co. v. Ocean View Estates, Inc.California Court of Appeal · 1959
  4. United States ex rel. Carter-Schneider-Nelson, Inc. v. CampbellCourt of Appeals for the Ninth Circuit · 1961
  5. McClory v. DodgeCalifornia Court of Appeal · 1931

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3Cited by28 opinions

  1. United States v. Gregory Foster, Johnnie Lee Gibson, Billy Jackson, Ronald H. WilsonCourt of Appeals for the Ninth Circuit · 1983
  2. William Waggoner v. Robert Lee DallaireCourt of Appeals for the Ninth Circuit · 1981
  3. Rath Packing Co. v. BeckerCourt of Appeals for the Ninth Circuit · 1975
  4. Acosta v. Reparto Saman Inc. (In Re Acosta)United States Bankruptcy Court, D. Puerto Rico · 2011
  5. Southern California Retail Clerks Union And Food Employers Joint Pension Trust Fund v. BjorklundCourt of Appeals for the Ninth Circuit · 1984

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