Legal Opinion

Concrete Tie of San Diego, Inc. v. Liberty Construction, Inc.

Court of Appeals for the Ninth Circuit

Decided November 12, 1993No. Nos. 91-56519, 91-56520PublishedCited by 15 opinions

1Opinion of the Court

WILLIAM A. NORRIS, Circuit Judge:

Liberty Construction, a minority owned business, entered into a contract with the Small Business Administration to build a warehouse for the Navy. After being sued by subcontractors under the Miller Act, Liberty and its sureties (jointly referred to as appellants) cross-complained against the SBA for indemnification. They sought damages in excess of $500,000 on claims that the SBA breached its fiduciary, statutory, and regulatory duties by awarding Liberty the contract when it knew that Liberty was incapable of performing the contract at a profit and by…

2Cases cited9 opinions

  1. Bowen v. MassachusettsSupreme Court of the United States · 1988
  2. North Side Lumber Co. v. BlockCourt of Appeals for the Ninth Circuit · 1985
  3. Spectrum Leasing Corporation v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1985
  4. John R. Van Drasek, Captain v. John Lehman, Secretary of the NavyCourt of Appeals for the D.C. Circuit · 1985
  5. Kruso v. International Telephone & Telegraph Corp.Court of Appeals for the Ninth Circuit · 1989

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3Cited by15 opinions

  1. Cohen v. Postal Holdings, LLCCourt of Appeals for the Second Circuit · 2017
  2. United Aeronautical Corp. v. UsafCourt of Appeals for the Ninth Circuit · 2023
  3. In Re Liberty Construction. Concrete Tie of San Diego, Inc., United States, for the Use of Dba Atlas Construction Supply v. Liberty Construction, Inc., a California Corporation, Lucille Kurtin, Third-Party-Plaintiffs-Appellants v. Small Business Administration, Third-Party-Defendant-Appellee. Liberty Construction, Inc., a California Corporation, Third-Party-Plaintiff-Appellant v. Small Business Administration, Third-Party-Defendant-AppelleeCourt of Appeals for the Third Circuit · 1993
  4. Shaver Transportation Co. v. United StatesDistrict Court, D. Oregon · 2013
  5. Alegre v. ContrerasDistrict Court, S.D. California · 2020

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