Legal Opinion

Tacon Mechanical Contractors, Inc. v. Aetna Casualty & Surety Co.

District Court, S.D. Texas

Decided August 16, 1994No. Civ. A. 93-1675PublishedCited by 7 opinions

1Opinion of the Court

Opinion on Partial Summary Judgment

HUGHES, District Judge.

1. Introduction.

In this dispute over a government construction project, a subcontractor and a sub-subcontractor are dissatisfied with the promptness of the surety’s payment on the bond. Because the federal law preempts their state law causes of action and because they otherwise may not assert those claims, the causes of action will be dismissed.

2. Facts.

Menendez-Donnell contracted with the United States to improve the Naval Reserve Readiness Center. Tacón serves as subcontractor for some of the labor and materials, and it, in turn,…

2Cases cited15 opinions

  1. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
  2. Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
  3. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  4. California Federal Savings & Loan Ass'n v. GuerraSupreme Court of the United States · 1987
  5. Arnold v. National County Mutual Fire Insurance Co.Texas Supreme Court · 1987

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3Cited by7 opinions

  1. Great American Insurance Co. v. North Austin Municipal Utility District No. 1Texas Supreme Court · 1995
  2. Tacon Mechanical Contractors, Inc. v. Aetna Casualty & Surety Co.Court of Appeals for the Fifth Circuit · 1995
  3. Associated Indemnity Corp. v. CAT Contracting, Inc., Texas Court of Appeals, 13th District1996
  4. United States ex rel. Balf Co. v. Casle Corp.District Court, D. Connecticut · 1995
  5. Associated Indemnity Corp. v. CAT Contracting, Inc., Texas Court of Appeals, 13th District1996

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