Legal Opinion
United States for the Use and Benefit of Kinlau Sheet Metal Works, Inc. v. Great American Insurance Company
Court of Appeals for the Fifth Circuit
Decided August 20, 1976No. 75-2282PublishedCited by 23 opinions
1Opinion of the Court
GEE, Circuit Judge:
Appellant supplier sued a general contractor and its payment bondsman when a subcontractor failed to pay supplier in full for three improvement projects on a Air Force base. These were a theater job (job 1) that ended on August 16,1973, a nondestruct-lab job (job 2) that ended on May 3, and a child-care-center job (job 3) that ended on May 23. This appeal challenges the lower court’s finding that appellant had not satisfied the 90-day notice requirement which the Miller Act, 40 U.S.C. §§ 270a et seq. (1970), imposes as a prerequisite to recovery against a general contractor…
2Cases cited5 opinions
- Noland Company, Inc. v. Allied Contractors, Incorporated, and Maryland Casualty CompanyCourt of Appeals for the Fourth Circuit · 1959
- Houston Fire and Casualty Insurance Company v. United StatesCourt of Appeals for the Fifth Circuit · 1954
- United States for the Use and Benefit of Jinks Lumber Company, Inc. v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1971
- National Union Indemnity Company v. R. O. Davis, Inc., R. O. Davis, Inc. And General Insurance Company of America v. General Electric CompanyCourt of Appeals for the Fifth Circuit · 1968
- United States of America to the Use of Wayne Bailey D/B/A Wayne Bailey Trucking v. Elmer J. Freethy, Individually and D/B/A Elmer J. Freethy CompanyCourt of Appeals for the Ninth Circuit · 1972
3Cited by23 opinions
- MacCaferri Gabions, Inc. v. Dynateria Inc.Court of Appeals for the Eleventh Circuit · 1996
- United States Ex Rel. Brothers Builders Supply Co. v. Old World Artisans, Inc.District Court, N.D. Georgia · 1988
- United States of America, for the Use and Benefit of Ray Moody v. The American Insurance CompanyCourt of Appeals for the Tenth Circuit · 1987
- Dravo Corp. v. Robert B. Kerris, Inc.Court of Appeals for the Third Circuit · 1981
- United States Ex Rel. Water Works Supply Corp. v. George Hyman Construction Co.Court of Appeals for the First Circuit · 1997
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