Legal Opinion

United States v. American Surety Co. of New York

Court of Appeals for the First Circuit

Decided February 3, 1905No. 554PublishedCited by 7 opinions

In Error to the Circuit Court of the United States for the District of Maine.

1Opinion of the Court

LOWELL, District Judge.

There is no need to state the details of the litigation involved in the case at bar. The question now presented is this: In distributing the proceeds of a bond given in accordance with the act of Congress of August 13, 1894, c. 280, 28 Stat. 278 [U. S. Comp. St. 1901, p. 2523],- has the United States priority as against persons supplying labor and materials in the prosecution of the work?

*79In United States v. Heaton, 128 Fed. 414, 63 C. C. A. 156, the Circuit Court of Appeals for the Third Circuit denied priority, in an extended opinion, and in an earlier stage of the…

2Cases cited2 opinions

  1. United States v. HeatonCourt of Appeals for the Third Circuit · 1904
  2. American Surety Co. v. United StatesCourt of Appeals for the First Circuit · 1903

3Cited by7 opinions

  1. Bruckner-Mitchell v. Sun Indemnity Co. of New YorkCourt of Appeals for the D.C. Circuit · 1936
  2. United States ex rel. Bryant Electric Co. v. Aetna Casualty & Surety Co.Court of Appeals for the Second Circuit · 1962
  3. United States v. Aetna Casualty & Surety CompanyCourt of Appeals for the Second Circuit · 1962
  4. Bay State Gas Co. of Delaware v. RogersU.S. Circuit Court for the District of Massachusetts · 1906
  5. New York Indemnity Co. v. NivenSupreme Court of Alabama · 1931

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