Legal Opinion
United States v. Essential Construction Co., Inc.
District Court, S.D. New York
Decided September 10, 1973No. 71 Civ. 3713PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
LASKER, District Judge.
This is a suit under the Miller Act (40 U.S.C. § 270a et seq) by which use plaintiff, Air Stream Products Co., Inc., seeks to recover on a payment bond for materials delivered to a subcontractor of a joint venture contractor composed of defendants, Essential Construction Co., Inc., and Himount Constructors, Ltd. The contractor and its surety, the Aetna Casualty & Surety Co., have moved for summary judgment on the ground that use plaintiff did not give them ninety days notice of its claim as required by 40 U.S.C. § 270b(a).
It is undisputed that use plaintiff is…
2Cases cited3 opinions
- United States v. Western Electric Co.Court of Appeals for the Ninth Circuit · 1964
- United States v. AndrewsCourt of Appeals for the Fourth Circuit · 1969
- United States of America for the Use of General Electric Company v. H. I. Lewis Construction Co., Inc., and Aetna Insurance Company, and Third-Party v. The Aetna Casualty and Surety Company, Third-PartyCourt of Appeals for the Second Circuit · 1967
3Cited by9 opinions
- United States Ex Rel. Greenwald-Supon, Inc. v. Gramercy Contractors, Inc.District Court, S.D. New York · 1977
- Franklin Pavkov Construction Co. v. Ultra Roof, Inc.District Court, N.D. New York · 1999
- United States Ex Rel. Hussmann Corp. v. Fidelity & Deposit Co.District Court, D. New Jersey · 1998
- United States v. Sun Engineering Enterprises, Inc.District Court, D. Puerto Rico · 1993
- D.I.C. Commercial Construction Corp. v. Knight Erection & Fabrication Inc.District Court of Appeal of Florida · 1989
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