Legal Opinion

United States Ex Rel. Foster Wheeler Corp. v. American Surety Co.

District Court, E.D. New York

Decided November 28, 1938No. L-7634PublishedCited by 28 opinions

1Opinion of the Court

MOSCOWITZ, District Judge.

These are two motions, the first being a motion by the intervening defendant, Atlantic Basin Iron Works, to make the United States a party to this action. The second is a motion by the use plaintiff, Foster Wheeler Corporation, to strike out the answer of the intervening defendant because of failure to comply fully with a demand for a bill of particulars.

The action in which these motions are made is one brought by the Foster Wheeler Corporation, a subcontractor, in the name of the United States against the American Surety Company of New York on a payment bond…

2Cases cited3 opinions

  1. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  2. Nassau Smelting & Refining Works, Ltd. v. United StatesSupreme Court of the United States · 1924
  3. United States Fidelity & Guaranty Co. v. United States for the Benefit of KenyonSupreme Court of the United States · 1907

3Cited by28 opinions

  1. Lesnik v. Public Industrials CorporationCourt of Appeals for the Second Circuit · 1944
  2. United States of America, Libelant-Appellant v. Eastport Steamship CorporationCourt of Appeals for the Second Circuit · 1958
  3. United States Ex Rel. MPA Construction, Inc. v. XL Specialty InsuranceDistrict Court, D. Maryland · 2004
  4. United States Ex Rel. Mutual Metal Mfg. Co. v. BiggsDistrict Court, E.D. Illinois · 1942
  5. Marks v. SpitzDistrict Court, D. Massachusetts · 1945

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API