Legal Opinion

Coffee v. United States

Court of Appeals for the Fifth Circuit

Decided November 18, 1946No. 11694PublishedCited by 47 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The appellee R. T. Gordon obtained a judgment for sand furnished in the work against appellants L. M. Coffee and C. G. Coffee, co-partners, and their sureties on a public construction payment bond given under the Miller Act, 40 U.S.C.A. §§ 270a and 270b. The only point for decision on this appeal is whether Gordon, whose contractual relationship was only with subcontractors, gave a sufficient notice of his claim to the Coffees, the principal contractors, as required of him by the provision of the Act: “Provided, however, That any person having direct contractual…

2Cases cited3 opinions

  1. Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
  2. Glassell-Taylor Co. v. Magnolia Petroleum Co.Court of Appeals for the Fifth Circuit · 1946
  3. United States ex rel. Birmingham Slag Co. v. PerryCourt of Appeals for the Fifth Circuit · 1940

3Cited by47 opinions

  1. Bruce Construction Corporation v. United States of America for Use of Westinghouse Electric Supply CompanyCourt of Appeals for the Fifth Circuit · 1957
  2. Houston Fire and Casualty Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1954
  3. Leslie S. Bowden, Trustee in Bankruptcy for the Estate of Frank T. Hickey, Inc., Bankrupt, Twaits-Morrison-Knudsen-Macco, Morrison Knudsen Company, Inc., MacCo Corporation, Ford J. Twaits Co., Ford J. Twaits, Individually and as Trustee, Edna M. Twaits, Jane Twaits Lataillade, Carl H. Wittenberg and Carl H. Wittenberg, Jr., as Partners Associated in Business Under the Common Name and Style of Ford J. Twaits Co. And Fidelity & Deposit Company of Maryland v. United States of America for the Use of Emmett J. Malloy, United States of America for the Use of Emmett J. Malloy, Cross-Appellant v. Leslie S. Bowden, Trustee in Bankruptcy, Etc., Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1956
  4. United States Ex Rel. Bruce Co. v. Fraser Const. Co.District Court, W.D. Arkansas · 1949
  5. Bowden v. United StatesCourt of Appeals for the Ninth Circuit · 1956

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