Legal Opinion
United States for the Use of Ascher Corporation, a Corporation v. Bradley-Dodson Co., a Partnership
Court of Appeals for the Eighth Circuit
Decided August 16, 1960No. 16370PublishedCited by 4 opinions
1Opinion of the Court
BLACKMUN, Circuit Judge.
This action under the Miller Act, 40 U.S.C. § 270a to 270e, is brought by Ascher Corporation, as use-plaintiff, against Bradley-Dodson Co., a partnership, and the surety upon the latter’s payment bond. Jurisdiction is established.
Bradley-Dodson, referred to herein as the defendant, was the successful bidder in 1953 for the construction of an electrical distribution system at the Lincoln Air Force Base in Nebraska. Ascher sold the defendant the primary cable needed for this work. The cable was installed, was rejected by the Army Engineers, and was removed and replaced.…
2Cases cited19 opinions
- Commissioner v. DubersteinSupreme Court of the United States · 1960
- United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957
- Muriel Jeanne Homolla v. Shirley C. GluckCourt of Appeals for the Eighth Circuit · 1957
- Glassell-Taylor Co. v. Magnolia Petroleum Co.Court of Appeals for the Fifth Circuit · 1946
- Dow v. United States Ex Rel. HolleyCourt of Appeals for the Tenth Circuit · 1946
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3Cited by4 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
- The Lackawanna Leather Company, Plaintiff-Appellee-Cross v. Martin & Stewart, Ltd., Defendant-Appellant-CrossCourt of Appeals for the Eighth Circuit · 1984
- Ryan v. GlennDistrict Court, N.D. Mississippi · 1972
- United States for the Use of Ascher Corporation, a Corporation v. Bradley-Dodson Co., a PartnershipCourt of Appeals for the Eighth Circuit · 1960