Legal Opinion
United States ex rel. Getz Bros. & Co. v. Markowitz Bros. (Delaware), Inc.
Court of Appeals for the Ninth Circuit
Decided September 21, 1967No. Nos. 21122, 21123PublishedCited by 1 opinion
1Opinion of the Court
ELY, Circuit Judge:
These consolidated appeals come from judgments in two suits instituted under provisions of the Miller Act, 40 U.S.C. §§ 270a-270d. The appellants were the use plaintiffs below. The appellees are a defaulting contractor and its corporate surety. The use plaintiff in No. 21,122, Getz Bros. & Co., will be called Getz, while those in No. 21,123, Atkins, Kroll .& Co., Ltd., and Atkins, Kroll (Guam), Ltd., will be called Atkins.
Getz filed its action in the District Court on December 2, 1965. It alleged that the contractor had defaulted in the payment of $39,363.83 which was due…
2Cases cited11 opinions
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- Z. A. Adams and Jean Adams v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- United States v. Seaboard Surety Co.District Court, D. Montana · 1938
- The Travelers Indemnity Company, a Corporation v. United States of America, for the Use and Benefit of Western Steel Company, a CorporationCourt of Appeals for the Ninth Circuit · 1966
- United States Ex Rel. Magnolia Petroleum Co. v. H. R. Henderson & Co.District Court, W.D. Arkansas · 1955
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3Cited by1 opinion
- The United States of America, for the Use of Getz Bros. & Co. v. Markowitz Bros. (Delaware), Inc., and Continental Casualty Company, Inc., the United States of America, for the Use of Atkins, Kroll & Co., Ltd., and Atkins, Kroll (Guam), Ltd. v. Markowitz Bros. (Delaware), Inc., and Continental Casualty Company, Inc.Court of Appeals for the Ninth Circuit · 1967