Legal Opinion

United States of America for the Use and Benefit of Bergen Point Iron Works v. Maryland Casualty Company and C. W. Regan, Inc.

Court of Appeals for the Second Circuit

Decided October 31, 1967No. 31301_1PublishedCited by 11 opinions

1Per curiam

This is an action brought under the Miller Act, 40 U.S.C. § 270b, by a subcontractor against the contractor and its surety. The district court entered judgment for the use plaintiff. We affirm,

Bergen and Regan entered into an oral agreement under which Bergen was to furnish certain labor and materials in connection with a construction contract between Regan and the government. The oral agreement was to be formalized in a purchase order from Regan and an acceptance by Bergen. One provision of the oral agreement required Bergen to furnish the steel for two generator bays. When the purchase…

2Cases cited4 opinions

  1. Nash v. KornblumNew York Court of Appeals · 1962
  2. Ætna Casualty & Surety Co. v. B. B. B. Const. Corp.Court of Appeals for the Second Circuit · 1949
  3. United States v. Citizens and Southern National Bank of Atlanta, GeorgiaCourt of Appeals for the Fourth Circuit · 1966
  4. Tokio Marine & Fire Ins. Co. v. National Union F. Ins. Co.Court of Appeals for the Second Circuit · 1937

3Cited by11 opinions

  1. Alexander Kahan, on Behalf of Himself and All Others Similarly Situated v. Lewis RosenstielCourt of Appeals for the Third Circuit · 1970
  2. Fed. Sec. L. Rep. P 93,903 Herman L. Zeller v. Bogue Electric Manufacturing CorporationCourt of Appeals for the Second Circuit · 1973
  3. Donovan v. Burger King Corp.Court of Appeals for the Second Circuit · 1982
  4. Manville Corp. v. Equity Security Holders Committee (In Re Johns-Manville Corp.)United States Bankruptcy Court, S.D. New York · 1985
  5. First National Bank of Hollywood v. American Foam Rubber Corp.Court of Appeals for the Second Circuit · 1976

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