Legal Opinion

United States ex rel. A & M Petroleum, Inc. v. Santa Fe Engineers, Inc.

Court of Appeals for the Fifth Circuit

Decided July 24, 1987No. 87-4159PublishedCited by 3 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

In this action under the Miller Act, 40 U.S.C. § 270a et seq., a supplier appeals from the district court’s finding that notice of nonpayment must be given within 90 days of each delivery in order for there to be a timely Miller Act claim. We reverse.

*548Appellant A & M Petroleum, Inc. (“A & M”) made some fifteen deliveries of diesel fuel and other supplies to Gulf/American Constructors, Inc. (“Gulf/American”), pursuant to purchase orders issued by Gulf/American when it was a subcontractor on a. federal government project in Gulfport, Mississippi. It is undisputed…

2Cases cited7 opinions

  1. Noland Company, Inc. v. Allied Contractors, Incorporated, and Maryland Casualty CompanyCourt of Appeals for the Fourth Circuit · 1959
  2. United States Ex Rel. P. A. Bourquin & Co. v. Chester Const. Co.Court of Appeals for the Second Circuit · 1939
  3. United States v. Endebrock-White CompanyCourt of Appeals for the Fourth Circuit · 1960
  4. United States Ex Rel. Chemetron Corp. v. George A. Fuller Co.District Court, D. Montana · 1966
  5. United States v. Bregman Construction Corp.District Court, E.D. New York · 1959

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. United States Ex Rel. Water Works Supply Corp. v. George Hyman Construction Co.Court of Appeals for the First Circuit · 1997
  2. United States v. Travelers Casualty & Surety Co. of AmericaDistrict Court, N.D. West Virginia · 2014
  3. United States v. Santa Fe Engineers, Inc.Court of Appeals for the Fifth Circuit · 1987

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