National Surety Co. v. United States ex rel. Pittsburgh & Buffalo Co.
Court of Appeals for the Sixth Circuit
In Error to the District Court of the. United States for the Southern Division of .the Western District of Michigan; Clarence W. Sessions, Judge. Action by the United States, for the use of the Pittsburgh & Buffalo Company and others, against the National Surety Company. Judgment in favor of claimants, and defendant brings error.
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In Error to the District Court of the. United States for the Southern Division of .the Western District of Michigan; Clarence W. Sessions, Judge. Action by the United States, for the use of the Pittsburgh & Buffalo Company and others, against the National Surety Company. Judgment in favor of claimants, and defendant brings error. The Standard Contracting Company received an award, from the United States for deepening the channel in a portion of St. Mary’s river, and entered into a contract to do the work pursuant to the award. It gave to the United States the bond required by. the act of…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). [1] We pass by, without deciding, certain considerations affecting the right of the Surety Company to insist that a court of equity had exclusive jurisdiction, and assume that it had — and has — the full right to be heard on that question. Its contention is fully supported by the opinion of the Circuit Court of Appeals of the Second Circuit in Illinois Surety Co. v. United States, 212 Fed. 136, 129 C. C. A. 584, filed since the hearing of this case below. The contrary result has been *580reached in the Seventh Circuit. Illinois Surety Co. v. United States, 226…
2Cases cited27 opinions
- United States Ex Rel. Hill v. American Surety Co. of NYSupreme Court of the United States · 1906
- Guaranty Co. v. Pressed Brick Co.Supreme Court of the United States · 1903
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
- Equitable Surety Co. v. United States Ex Rel. McMillanSupreme Court of the United States · 1914
22 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- United States of America for the Use and Benefit of J. P. Byrne & Co., Inc. v. Fire Association of PhiladelphiaCourt of Appeals for the Second Circuit · 1958
- United States Fidelity & Guaranty Co. v. Benson Hardware Co.Supreme Court of Alabama · 1931
- Franzen v. Southern Surety Co.Wyoming Supreme Court · 1926
- United States Fidelity & Guaranty Co. v. California-Arizona Construction Co.Arizona Supreme Court · 1920
- United States v. Seaboard Surety Co.District Court, D. Montana · 1938
33 more not listed; retrieve them via the Exa API.