Legal Opinion
Tony Delduca, Doing Business as Delduca Trucking Service v. United States Fidelity & Guaranty Company
Court of Appeals for the Fifth Circuit
Decided March 1, 1966No. 22368PublishedCited by 25 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
The unsuccessful Creditor’s appeal in this Florida diversity case raises the very narrow Florida question whether suit by a materialman (Creditor) against the surety on a public works bond must be filed within three years as “a liability created by a statute” or within twenty years as a contract under seal. The trial Judge, long experienced and versed in Florida law, 1 held the 3-year period to be applicable and dismissed the cause because it was time-barred. We affirm.
The facts are simple, neither complex nor conflicting. The specific dates are important only…
2Cases cited21 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bernhardt v. Polygraphic Co. of America, Inc.Supreme Court of the United States · 1956
- Meredith v. Winter HavenSupreme Court of the United States · 1943
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- AUTO OWN. INS. CO. v. Hillsborough County Aviation Auth.Supreme Court of Florida · 1963
16 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Julius Ducre v. The Executive Officers of Halter Marine, Inc.Court of Appeals for the Fifth Circuit · 1985
- Dr. Luel P. Overstreet v. Norden Laboratories, Inc.Court of Appeals for the Sixth Circuit · 1982
- Morton v. Abbott LaboratoriesDistrict Court, M.D. Florida · 1982
- Lucius J. Breeland v. Security Insurance Company of New Haven, ConnecticutCourt of Appeals for the Fifth Circuit · 1969
- Mary S. Hopkins, Individually and as of the Estate of George D. Hopkins, Deceased v. Lockheed Aircraft CorporationCourt of Appeals for the Fifth Circuit · 1968
20 more not listed; retrieve them via the Exa API.