Legal Opinion
Missouri-Illinois Tractor & Equipment Co., Inc. v. D & L Construction Company & Associates and Continental Casualty Company
Court of Appeals for the Eighth Circuit
Decided October 22, 1964No. 17632_1PublishedCited by 11 opinions
1Opinion of the Court
BLACKMUN, Circuit Judge.
Is a Capehart payment bond suit brought by a subcontractor’s supplier controlled by the limitation period set forth in § 2(b) of the Miller Act, 40 U.S.C. § 270b(b) (“[B]ut no such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied” by the plaintiff), or, instead, by the period the bond itself specifies (“No suit or action shall be commenced hereunder by any claimant * * * [a]fter the expiration of one (1) year following the date on which Principal [the prime contractor] ceases…
2Cases cited16 opinions
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- City of Kansas City v. Federal Pacific Electric Co.Supreme Court of the United States · 1962
- Continental Casualty Company, a Corporation v. The United States of America for the Use and Benefit of the Robertson Lumbercompany, a CorporationCourt of Appeals for the Eighth Circuit · 1962
- Koppers Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
- National State Bank of Newark v. Terminal Const. Corp.District Court, D. New Jersey · 1963
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States of America, for the Use and Benefit Of, Statham Instruments, Inc. v. Western Casualty & Surety CompanyCourt of Appeals for the Sixth Circuit · 1966
- Koppers Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
- Robertson Lumber Co. v. Progressive Contractors, Inc.North Dakota Supreme Court · 1968
- Franklin Pavkov Construction Co. v. Ultra Roof, Inc.District Court, N.D. New York · 1999
- Sherwin-Williams Co. v. American Indemnity Co.Court of Appeals of Texas · 1973
6 more not listed; retrieve them via the Exa API.