Legal Opinion

United States ex rel. Carter-Schneider-Nelson, Inc. v. Campbell

Court of Appeals for the Ninth Circuit

Decided August 17, 1961No. Nos. 17181, 17182PublishedCited by 15 opinions

1Opinion of the Court

BARNES, Circuit Judge.

These are two suits under the Miller Act. Jurisdiction in the trial court was based upon 40 U.S.C.A. §§ 270a through 270d. Jurisdiction in this court rests upon 28 U.S.C. § 1291.

Appellant is a lessor of earth moving equipment. In March 1956 it leased such equipment to Anderson-Kerber Co., a subcontractor engaged in work on public works projects at Fort Funston and Travis Air Force Base. The prime contractor on both projects was appellee Campbell Construction and Equipment Company (Campbell). The original lease arrangement contemplated use of the machinery at Fort Funston…

2Cases cited2 opinions

  1. Bowden v. United StatesCourt of Appeals for the Ninth Circuit · 1956
  2. James Stewart Company v. Dennett-Robertson Electric, Inc.Court of Appeals for the Ninth Circuit · 1961

3Cited by15 opinions

  1. L & E Co. v. U.S.A. Ex Rel. Kaiser Gypsum Co., Inc., Cal-Apex, Inc. v. U.S.A. Ex Rel. Kaiser Gypsum Co., Inc.Court of Appeals for the Ninth Circuit · 1965
  2. United States Ex Rel. Chemetron Corp. v. George A. Fuller Co.District Court, D. Montana · 1966
  3. Littlefield v. LittlefieldSupreme Judicial Court of Maine · 1972
  4. United States Ex Rel. SGB Universal Builders Supply, Inc. v. Fidelity & Deposit Co.District Court, E.D. New York · 1979
  5. Robert Molitor v. American President Lines, Ltd.Court of Appeals for the Ninth Circuit · 1965

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