Legal Opinion

The Aetna Casualty and Surety Company v. United States of America

Court of Appeals for the Fifth Circuit

Decided December 29, 1970No. 29169_1PublishedCited by 21 opinions

1Opinion of the Court

NICHOLS, Judge:

This case comes up on appeal by the Government from an order of the court below granting plaintiff’s motion for summary judgment.

The plaintiff is a surety under the Miller Act, 40 U.S.C. § 270a et seq., on a contract for the construction of park roads on the McGee Bend Dam and Reservoir, Angelina, Texas. The question presented here is like that stated in the controlling ease of Trinity Universal Insurance Company v. United States, 382 F.2d 317, 318 (5th Cir. 1967):

This case presents the clear-cut. issue of whether, when a Miller Act surety completes a defaulted contract…

2Cases cited5 opinions

  1. The National Shawmut Bank of Boston v. New Amsterdam Casualty Co., Inc.Court of Appeals for the First Circuit · 1969
  2. Trinity Universal Insurance Company and First National Bank in Dallas v. United StatesCourt of Appeals for the First Circuit · 1967
  3. Security Insurance Company of Hartford v. The United StatesUnited States Court of Claims · 1970
  4. North Denver Bank v. United StatesUnited States Court of Claims · 1970
  5. Standard Accident Ins. Co. v. United StatesUnited States Court of Claims · 1951

3Cited by21 opinions

  1. Liberty Mutual Insurance Co. v. SharpCourt of Appeals of Texas · 1994
  2. American Fidelity Fire Insurance v. Construcciones Werl, Inc.District Court, Virgin Islands · 1975
  3. National Fire Insurance Company Of Hartford v. Fortune Construction CompanyCourt of Appeals for the Third Circuit · 2003
  4. The Aetna Casualty and Surety Company v. The United StatesCourt of Appeals for the Federal Circuit · 1988
  5. Bobby D. Moore, Individually and as of the Estate of L. T. Moore, Deceased v. Mrs. Jimmie F. LindseyCourt of Appeals for the Fifth Circuit · 1981

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