United States v. Brotherton
District Court, S.D. New York
1Opinion of the Court
WEINFELD, District Judge.
This is a motion for partial summary judgment in an action commenced under the Miller Act1 by the plaintiffs, ■ subcontractors, against the prime contractors and their surety to recover the value of work, labor and services performed by the plaintiffs.
The subcontractors and the prime contractors entered into an agreement under which the former agreed to furnish labor and materials for metal work in the construction of a government hospital. The contract price was $137,926 of which $119,-792.16 has been paid. But the plaintiffs do not sue upon the contract to recover…
2Cases cited3 opinions
- Matter of TillmanNew York Court of Appeals · 1932
- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Smith v. Brocton Preserving Co.Appellate Division of the Supreme Court of the State of New York · 1937
3Cited by10 opinions
- St. Paul-Mercury Indemnity Company v. United States of America for the Use of H. C. Jones, Doing Business as H. C. Jones Construction Company, Burden Ivy Barfield, Bourdon Ray Barfield, and Oliver Eakle Barfield, as Co-Partners Doing Business as Barfield Construction Company v. United States of America for the Use of H. C. Jones, Doing Business as H. C. Jones Construction CompanyCourt of Appeals for the Tenth Circuit · 1957
- Acme Process Equipment Co. v. United StatesUnited States Court of Claims · 1965
- St. Paul-Mercury Indemnity Co. v. United States ex rel. JonesCourt of Appeals for the Tenth Circuit · 1956
- United States v. Consolidated Edison Co. of New York, Inc.District Court, S.D. New York · 1977
- Southern Painting Company Of Tennessee, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1955
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