Legal Opinion

United States Ex Rel. Greenwald-Supon, Inc. v. Gramercy Contractors, Inc.

District Court, S.D. New York

Decided May 31, 1977No. 74 Civ. 1377 (IBC)PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

IRVING BEN COOPER, District Judge.

Defendant Gramercy Contractors has moved for judgment dismissing the complaint pursuant to Rules 12 and 56, Federal Rules of Civil Procedure in that the complaint fails to state a claim upon which relief can be granted, and in that the statutory prerequisites of the Miller Act, Title 40 U.S.C. § 270b have not been satisfied. For the reasons set forth below, we find that plaintiff’s complaint alleges a cause of action provable under the Miller Act and that proper notice pursuant to that statute was given.

This non-jury action was brought…

2Cases cited19 opinions

  1. Annette Heyman v. Commerce and Industry Insurance CompanyCourt of Appeals for the Second Circuit · 1975
  2. Baltimore & Ohio Railroad v. United StatesSupreme Court of the United States · 1923
  3. Johnson Service Company v. Transamerica Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
  4. United States v. WoodCourt of Appeals for the Fourth Circuit · 1938
  5. McWaters and Bartlett, a Co-Partnership Consisting of Hugh B. McWaters and Sidney J. Bartlett and General Casualty Company of America, a Corporation v. United States of America, for the Use and Benefit of Lewis H. Wilson, American Surety Company of New York, a Corporation v. McWaters and Bartlett, a Co-Partnership Consisting of Hugh B. McWaters and Sidney J. Bartlett and General Casualty Company of America, a CorporationCourt of Appeals for the Tenth Circuit · 1959

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3Cited by19 opinions

  1. In Re Gotham Provision Company, Inc., Debtor/debtor in Possession, the First State Bank of Miami v. Gotham Provision Company, Inc.Court of Appeals for the First Circuit · 1982
  2. Cti/dc, Incorporated v. Selective Insurance Company of AmericaCourt of Appeals for the Fourth Circuit · 2004
  3. Pepper Burns Insulation, Inc. v. Artco Corp.Court of Appeals for the Fourth Circuit · 1992
  4. UNITED STATES, ETC. v. PW Parker, Inc.District Court, D. Maryland · 1980
  5. United States ex rel. Billows Electric Supply Co. v. E. J. T. Construction Co.District Court, E.D. Pennsylvania · 1981

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