Legal Opinion
United States Ex Rel. Bruce Co. v. Fraser Const. Co.
District Court, W.D. Arkansas
Decided December 5, 1949No. Civ. 878PublishedCited by 32 opinions
1Opinion of the Court
JOHN E. MILLER, District Judge.
This cause of action is brought under the Miller Act, Title 40 U.S.C.A. § 270b, to recover from the defendant Construction Company and the defendant Bonding Company, on the payment bond given pursuant to the Act, the value of certain materials furnished to a sub-contractor of the Construction Company, which held a contract for the construction work on a government project at Shumaker, Arkansas.
Defendants have filed a motion to dismiss for failure to state a claim upon which relief can be granted, which motion is now before the court, alleging that as a condition…
2Cases cited11 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
- Leimer v. State Mut. Life Assur. Co.Court of Appeals for the Eighth Circuit · 1940
- Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
- McDonald v. ThompsonSupreme Court of the United States · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Highland Supply Corporation v. Reynolds Metals Company, a CorporationCourt of Appeals for the Eighth Circuit · 1964
- 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
- Bowden v. United StatesCourt of Appeals for the Ninth Circuit · 1956
- United States v. Thompson Construction Corp.Court of Appeals for the Second Circuit · 1959
- Fidelity and Deposit Company of Maryland and L. E. Dixon Company v. Van Harris, an Individual, Doing Business as Harris & Sons, Fidelity and Deposit Company of Maryland and L. E. Dixon Company v. Paramount Truck Rental, Inc., and Van Harris, an Individual Doing Business as Harris & Sons, Paramount Truck Rental, Inc. v. Fidelity and Deposit Company of Maryland and L. E. Dixon CompanyCourt of Appeals for the Ninth Circuit · 1966
27 more not listed; retrieve them via the Exa API.