Legal Opinion

United States ex rel. Humble Oil & Refining Co. v. Fidelity & Casualty Co. of New York

Court of Appeals for the Fourth Circuit

Decided September 29, 1968No. 12095PublishedCited by 30 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Humble Oil & Refining Company, the use plaintiff (“Humble”) sued the general contractor, Burkholder and Burk-holder (“Burkholder”), and its surety, The Fidelity and Casualty Company of New York (“Fidelity”), for asphalt and petroleum products Humble furnished Burkholder for use on Federal Highway Project No. 100-A-12 (the “project”), a construction contract to which the Miller Act, 40 U.S.C.A. § 270a et seq. (Supp.1967), was applicable. Admittedly the suit was not filed until after one year following Humble’s last delivery. Although Humble obtained a default judgment…

2Cases cited25 opinions

  1. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  2. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  3. Galena Oaks Corporation v. Frank Scofield, Collector of Internal RevenueCourt of Appeals for the Fifth Circuit · 1954
  4. Bergeron v. MansourCourt of Appeals for the First Circuit · 1945
  5. Howard v. West Jersey, C., R.R. Co.New Jersey Court of Chancery · 1928

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3Cited by30 opinions

  1. Casa De Md. v. U.S. Dep't of Homeland SEC.Court of Appeals for the Fourth Circuit · 2019
  2. Sky Cable, LLC v. DirecTV, Inc.Court of Appeals for the Fourth Circuit · 2018
  3. Ara v. Erie InsuranceWest Virginia Supreme Court · 1989
  4. United States v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Fourth Circuit · 1968
  5. Fotios G. Lekas v. United Airlines, IncorporatedCourt of Appeals for the Fourth Circuit · 2002

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

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