Legal Opinion
United States Ex Rel. Casablanca v. Continental Casualty Co.
District Court, D. Puerto Rico
Decided November 27, 1972No. Civ. 995-71PublishedCited by 1 opinion
1Opinion of the Court
ORDER AND JUDGMENT
TOLEDO, District Judge.
We have for our consideration a motion to dismiss filed by defendant Continental Casualty Company and based on three fundamental propositions which are, to wit: That the action is barred by the Statute of Limitations contained in the Miller Act (49 Stat. 793 of August 24, 1935, Title 40, United States Code, Section 270a), and that the doctrines of res judicata and collateral estoppel bar plaintiff from recovering the amounts claimed.
Because we consider that the defendant is correct in raising the defense of Statute of Limitations, as a bar to this…
2Cases cited4 opinions
- United States of America, for the Use and Benefit Of, Statham Instruments, Inc. v. Western Casualty & Surety CompanyCourt of Appeals for the Sixth Circuit · 1966
- Hugh D. Blanchard and Cullen Jenkins, D/B/A Blanchard & Jenkins Construction Company v. Terry & Wright, Inc. And Federal Insurance CompanyCourt of Appeals for the Sixth Circuit · 1964
- United States ex rel. Gigliello v. Sovereign Construction Co.District Court, D. Massachusetts · 1970
- Gifford-Wood Co. v. Travelers Indemnity Co.New York Supreme Court · 1964
3Cited by1 opinion
- Durán Cepeda v. Morales LebrónSupreme Court of Puerto Rico · 1982