Legal Opinion

National Surety Corporation v. United States of America for the Use and Benefit of Olmos Building Materialscompany

Court of Appeals for the Fifth Circuit

Decided February 21, 1964No. 20603PublishedCited by 9 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

The cause of the controversy in this suit is the allowance of attorneys’ fees in a suit by the supplier of materials against the prime contractor and its surety.

*255The contract under consideration was primarily between Madden Company, Inc., as prime contractor, and the United States of America, which provided for the improvement and rehabilitation of certain properties at Kelly Air Force Base in Bexar County, Texas. The use plaintiff, Olmos Building Materials Company, furnished materials used in the prosecution of the work. National Surety Corporation was surety on the bond…

2Cases cited3 opinions

  1. Mundy v. Knutson Construction CompanyTexas Supreme Court · 1956
  2. F. & C. ENGINEERING CO. v. MooreCourt of Appeals of Texas · 1957
  3. Ferrier Brothers v. BrownCourt of Appeals of Texas · 1962

3Cited by9 opinions

  1. B. C. Richter Contracting Co. v. Continental Casualty Co.California Court of Appeal · 1964
  2. Transamerica Insurance Company v. Red Top Metal, Inc.Court of Appeals for the Fifth Circuit · 1967
  3. Goldberger v. Horan (In Re Traffic Safety Co.)United States Bankruptcy Court, E.D. Pennsylvania · 1982
  4. Trinity Universal Insurance Co. v. Ponsford Bros.Court of Appeals of Texas · 1967
  5. Cupples Company Manufacturers v. Farmers & Merchants State BankCourt of Appeals for the Fifth Circuit · 1968

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