Legal Opinion

United States v. Transamerica Insurance Company

District Court, E.D. Virginia

Decided May 10, 1973No. Civ. A. 178-72-RPublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM

MERHIGE, District Judge.

The United States, as plaintiff, brings this suit against the Transamerica Insurance Company for the sum of $43,-077.61, alleging that Transamerica, as surety on a performance bond issued in favor of a corporation which is now a judgment debtor of the United States, is indebted to the United States in that sum. Jurisdiction is attained by virtue of 28 U.S.C. § 1345. The defendant has filed a counterclaim for declaratory judgment, to which the United, States has made a motion to dismiss on the grounds that the United States is immune from such a claim in this…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
  3. United States v. YazellSupreme Court of the United States · 1966
  4. Wallace G. Frederick v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  5. Norene R. O'Dell v. United States of America and Jack Ruhter, Trustee in BankruptcyCourt of Appeals for the Tenth Circuit · 1964

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3Cited by8 opinions

  1. Federal Sav. and Loan Ins. Corp. v. WilliamsDistrict Court, D. Maryland · 1984
  2. In Re the Bulk Sale of the Inventory, Furniture, Fixtures, Vehicles, & All Other Assets of Hart's Transfer & Storage, Inc.Court of Appeals of Kansas · 1981
  3. Nestle Ice Cream Co. v. FullerCourt of Appeals of Arizona · 1996
  4. Warren Brothers Co. v. Sentry Ins.Massachusetts Appeals Court · 1982
  5. United States v. M/V Santa Clara IDistrict Court, D. South Carolina · 1993

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