Legal Opinion

American Insurance Co. v. Kinder

Missouri Court of Appeals

Decided September 28, 1982No. WD 33674PublishedCited by 3 opinions

1Opinion of the Court

LOWENSTEIN, Judge.

Plaintiff American Insurance Company seeks to make absolute a preliminary rule in prohibition issued by this court prohibiting any further action against it as a surety in state court because of exclusive federal jurisdiction under the Miller Act, 40 U.S.C. 270(a-f).

*539Mertens Construction Company (Mertens) filed suit in the Circuit Court of Cole County, Missouri against two construction companies, Nimrod, Inc. (Nimrod) and Highway Constructions, Inc. (Highway) and their sub-contractors, Lee Roy and Janice Cahall. Nimrod and Highway had contracted to build facilities at the…

2Cases cited6 opinions

  1. Hugh D. Blanchard and Cullen Jenkins, D/B/A Blanchard & Jenkins Construction Company v. Terry & Wright, Inc. And Federal Insurance CompanyCourt of Appeals for the Sixth Circuit · 1964
  2. United States Fidelity and Guaranty Company v. Hendry CorporationCourt of Appeals for the Fifth Circuit · 1968
  3. Koppers Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
  4. Pierce Contractors v. Peerless Casualty CompanySupreme Court of Florida · 1955
  5. United States ex rel. Gigliello v. Sovereign Construction Co.District Court, D. Massachusetts · 1970

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. United Pacific Insurance Co. v. Wyoming Excise Tax Division, Department of Revenue & TaxationWyoming Supreme Court · 1986
  2. Nationwide Electric, Inc. v. Associated Bonded Construction Co.Supreme Court of Rhode Island · 1989
  3. United Pacific Insurance Co. v. Wyoming Excise Tax Division, Department of Revenue & TaxationWyoming Supreme Court · 1986

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