Legal Opinion

General Electric Company v. Southern Construction Company, Inc.

Court of Appeals for the Fifth Circuit

Decided October 16, 1967No. 22294_1PublishedCited by 58 opinions

1Opinion of the Court

BREWSTER, District Judge:

This suit was brought under the Miller Act against a federal construction job prime contractor and its payment bond surety to recover for the benefit of a materialman an unpaid balance due by a defaulted subcontractor for electrical materials furnished for use in the project. The sole question involved is one of law: Does the one year limitation period set out in 40 U.S.C.A., Section 270b (b) begin to run against a materialman from the date of supplying the last material for use in the project, or from the date of supplying the last material for which claim is made?…

2Cases cited10 opinions

  1. Ex Parte CollettSupreme Court of the United States · 1949
  2. United States v. Public Utilities CommissionSupreme Court of the United States · 1953
  3. Gemsco, Inc. v. WallingSupreme Court of the United States · 1945
  4. City of Port Hueneme v. City of OxnardCalifornia Supreme Court · 1959
  5. Standard Ins. Co. v. United StatesSupreme Court of the United States · 1938

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3Cited by58 opinions

  1. Richerson v. JonesCourt of Appeals for the Third Circuit · 1977
  2. William MULLIN, Plaintiff, Appellant, v. RAYTHEON COMPANY, Defendant, AppelleeCourt of Appeals for the First Circuit · 1999
  3. United States v. Second National Bank of North MiamiCourt of Appeals for the Second Circuit · 1974
  4. Interstate Commerce Commission v. Southern Railway Company and Central of Georgia Railroad CompanyCourt of Appeals for the Fifth Circuit · 1976
  5. Graybar Electric Company, Inc. v. John A. Volpe Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1967

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

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