Legal Opinion
United States Ex Rel. West Pacific Sales Co. v. Harder Industrial Contractors, Inc.
District Court, D. Oregon
Decided November 27, 1963No. Civ. 63-51PublishedCited by 9 opinions
1Opinion of the Court
KILKENNY, District Judge.
West Pacific prosecutes this action against defendants on two theories:(1) That the payment bond, under consideration, was posted pursuant to the provisions of the Miller Act, 40 U.S.C. §■ 270a et seq. and that it comes within the scope of the protection provided by the Act and the bond.(2) That the bond is one authorized by federal law and, even though the Miller Act is not applicable, the plaintiff comes within the scope of the bond’s protection, with jurisdiction existing under 28 U.S.C. § 1352.
A third theory of recovery, advanced by said plaintiff, was decided…
2Cases cited10 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- Public Util. Comm'n of Cal. v. United StatesSupreme Court of the United States · 1958
- United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957
- Atchison, Topeka & Santa Fe Railway Co. v. ScarlettSupreme Court of the United States · 1937
- United States v. Ft. George G. Meade Defense Housing Corp. No. 1District Court, D. Maryland · 1960
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Continental Casualty Company, Inc. v. Allsop Lumber Company, Inc., Allsop Lumber Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
- 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
- United Bonding Insurance Company, Third-Party v. Catalytic Construction Company, Third-PartyCourt of Appeals for the Third Circuit · 1976
- United States v. Cortelyou & Cole, Inc.Court of Appeals for the First Circuit · 1978
- Midstates Excavating, Inc. v. Farmers & Merchants Bank & Trust of WatertownSouth Dakota Supreme Court · 1987
4 more not listed; retrieve them via the Exa API.