Legal Opinion
United States v. F. D. Rich Co.
Court of Appeals for the Ninth Circuit
Decided January 22, 1973No. Nos. 71-1485, 71-1519PublishedCited by 2 opinions
1Opinion of the Court
JAMES M. CARTER, Circuit Judge:
This is an appeal by F. D. Rich Co., Inc. (hereafter Rich) from a judgment in favor of Industrial Lumber, Inc. (hereafter Industrial), a building materials supplier, against Rich, a prime contractor on a government construction project, and Transamerica Insurance Co., his surety under the Miller Act, 40 U.S.C. §§ 270a-270d (1970). There is also a cross-appeal by Industrial, for interest on unpaid invoices, and attorneys’ fees.
The issues presented on the appeal are:(1) Was Cerpac, the intermediary who furnished plywood (and, under another agreement, certain…
2Cases cited15 opinions
- Mills v. Electric Auto-Lite Co.Supreme Court of the United States · 1970
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Johnnie Ray Lee v. Southern Home Sites Corp.Court of Appeals for the Fifth Circuit · 1971
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3Cited by2 opinions
- United States of America for the Use of Industrial Lumber Company, Inc. v. F. D. Rich Co., Inc., and Transamerica Insurance Co., a Corporation, United States of America for the Use of Industrial Lumber Company, Inc. v. Cerpac, Inc.Court of Appeals for the Ninth Circuit · 1973
- Stierwalt v. Best Logistics Group, Inc.District Court, S.D. West Virginia · 2020