Legal Opinion
United States Ex Rel. Foster Wheeler Corp. v. American Surety Co.
Court of Appeals for the Second Circuit
Decided May 15, 1944No. 254PublishedCited by 35 opinions
1Opinion of the Court
CHASE, Circuit Judge.
This appeal is by the use plaintiff, who will be called the plaintiff, from a judgment in a suit it brought under the provisions of the Miller Act, 40 U.S.C.A. § 270b, in the District Court for the Eastern District of New York against the American Surety Company of New York. That defendant is the surety on a performance bond given to the United States by the Atlantic Basin Iron Works, hereinafter to be called Atlantic, when the latter entered into a contract with the government on November 27, 1936, to make designated repairs on the army transport ship Republic. Those…
2Cases cited3 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Kramer v. MorganCourt of Appeals for the Second Circuit · 1936
3Cited by35 opinions
- Lesnik v. Public Industrials CorporationCourt of Appeals for the Second Circuit · 1944
- Revere Copper and Brass Incorporated v. The Aetna Casualty and Surety Company, and Third-Party v. George A. Fuller Company, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1970
- Frank J. Kozak v. Willard B. Wells, Administrator, Etc.Court of Appeals for the Eighth Circuit · 1960
- United States of America, Libelant-Appellant v. Eastport Steamship CorporationCourt of Appeals for the Second Circuit · 1958
- Dickinson v. BurnhamCourt of Appeals for the Second Circuit · 1952
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