Legal Opinion
United States for the Use and Benefit of Jinks Lumber Company, Inc. v. Federal Insurance Company
Court of Appeals for the Fifth Circuit
Decided December 14, 1971No. 71-2291PublishedCited by 21 opinions
1Per curiam
Appellant, Jinks Lumber Company, appeals from the granting of a motion for summary judgment in favor of appellee, Dyson & Company, and its surety, Federal Insurance Company, alleging that the district court was in error when it concluded that Jinks had failed to comply with the notice requirements of the Miller Act, 40 U.S.C.A. § 270b, in pressing a materialman’s claim against Dyson’s payment bond. We find that Jinks did give adequate notice under the statute, and reverse the decision of the district court.
Dyson, a general contractor, held the primary construction contract for a number of…
2Cases cited7 opinions
- Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
- Houston Fire and Casualty Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1954
- United States Ex Rel. American Radiator & Sanitary Corp. v. Northwestern Engineering Co.Court of Appeals for the Eighth Circuit · 1941
- 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
- United States ex rel. Hallenbeck v. Fleisher Engineering & Construction Co.Court of Appeals for the Second Circuit · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Cti/dc, Incorporated v. Selective Insurance Company of AmericaCourt of Appeals for the Fourth Circuit · 2004
- MacCaferri Gabions, Inc. v. Dynateria Inc.Court of Appeals for the Eleventh Circuit · 1996
- United States of America for and on Behalf of Mississippi Road Supply Co. v. H. R. Morgan, Inc. And U. S. Fidelity and Guaranty Co.Court of Appeals for the Fifth Circuit · 1976
- Okee Industries, Inc. v. National Grange Mutual InsuranceSupreme Court of Connecticut · 1993
- United States for the Use and Benefit of Kinlau Sheet Metal Works, Inc. v. Great American Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
16 more not listed; retrieve them via the Exa API.