Legal Opinion

United States ex rel. Eaton v. Olson

District Court, N.D. California

Decided August 2, 1946No. 25692-GPublishedCited by 3 opinions

1Opinion of the Court

GOODMAN, District Judge.

The motion is to dismiss the counterclaim in interpleader.

The counterclaiming defendants are the prime contractors and their sureties upon a payment bond executed by them, pursuant to the Miller Act, §§ 1, 2, 40 U.S.C.A. §§ 270a, 276b, in connection with the construction of certain public works for the United States. The plaintiffs are seeking recovery upon such payment bond for labor and materials supplied a subcontractor of the prime contractors. The counterclaim is to interplead other persons having similar claims against the subcontractor, and it is alleged in the…

2Cases cited2 opinions

  1. F. H. McGraw & Co. v. Sherman Plastering Co.District Court, D. Connecticut · 1943
  2. Buxton v. Acadian Production Corp.District Court, W.D. Louisiana · 1940

3Cited by3 opinions

  1. R. H. Fulton, D/B/A R. H. Fulton, Contractor and United States Fidelity & Guaranty Company v. Kaiser Steel Corporation and Coppco, Inc.Court of Appeals for the Fifth Circuit · 1968
  2. Joseph F. Hughes & Co. v. Harry S. Mickey, Inc.District Court, D. Maryland · 1962
  3. Frank Briscoe Co. v. Albert Pick Co.District Court, D. New Jersey · 1968

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