Legal Opinion

United States ex rel. ACME Limestone Co. v. United States Fidelity & Guaranty Co.

District Court, W.D. Virginia

Decided December 16, 1975No. Civ. A. No. 74-176PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND JUDGMENT

DALTON, District Judge.

This controversy arises over failure of defendant Mountain State Construction Company, Inc. (hereinafter Mountain State) to pay for materials delivered to it by use plaintiff, Acme Limestone Company (hereinafter Acme). Defendant Mountain State has counterclaimed for consequential damages as a result of use plaintiff’s untimely delivery of the same materials.1 Use plaintiff has moved for summary judgment against defendant Mountain State on its counterclaim, also pointing out that the amount due and owing on Mountain State’s account has been…

2Cases cited5 opinions

  1. Automatic Radio Mfg. Co., Inc. v. Hazeltine Research, IncSupreme Court of the United States · 1950
  2. Liberty Leasing Co., Inc. v. Hillsum Sales CorporationCourt of Appeals for the Fifth Circuit · 1967
  3. Wood v. BreierDistrict Court, E.D. Wisconsin · 1975
  4. Mellen v. HirschCourt of Appeals for the Fourth Circuit · 1948
  5. Mellen v. HirschDistrict Court, D. Maryland · 1948

3Cited by1 opinion

  1. Napier v. BrownOhio Court of Appeals · 1985

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