Legal Opinion

N.H. Roane, Individually and as Spokesman for Johnson & Roane, a Joint Venture v. United States Fidelity & Guaranty Company, a Corporation

Court of Appeals for the Tenth Circuit

Decided May 8, 1967No. 8419PublishedCited by 10 opinions

1Opinion of the Court

BREITENSTEIN, Circuit Judge.

In this Miller Act 1 proceeding, appellant Roane attacks a judgment entered against him on the cross-claim of the appellee surety company.

Johnson, who was a party below but is not a party here, and Roane, were joint venturers. In that capacity they made a contract with, the United States for work on the Keystone Dam project in Oklahoma. The appellee surety executed the performance and payment bonds required by the statute. Defaults occurred and several Miller Act cases were brought and consolidated. These resulted in summary judgments for the use plaintiffs and…

2Cases cited8 opinions

  1. Continental Casualty Company, a Corporation v. The United States of America for the Use and Benefit of the Robertson Lumbercompany, a CorporationCourt of Appeals for the Eighth Circuit · 1962
  2. United States of America for the Use and Benefit of J. P. Byrne & Co., Inc. v. Fire Association of PhiladelphiaCourt of Appeals for the Second Circuit · 1958
  3. Commercial Lumber Co. v. NelsonSupreme Court of Oklahoma · 1937
  4. WB Johnston Grain Company v. SelfSupreme Court of Oklahoma · 1959
  5. United Pacific Insurance Company v. United States Ex Rel. Mississippi Valley Equipment CompanyCourt of Appeals for the Eighth Circuit · 1961

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

3Cited by10 opinions

  1. Nor'easter Group, Inc. v. Colossale Concrete, Inc.Supreme Court of Connecticut · 1988
  2. Darrell W. Jensen v. Claude W. VoylesCourt of Appeals for the Tenth Circuit · 1968
  3. United States v. Federal Insurance CompanyCourt of Appeals for the Tenth Circuit · 1980
  4. United States ex rel. Eddies Sales & Leasing, Inc. v. Federal InsuranceCourt of Appeals for the Tenth Circuit · 1980
  5. Frank Briscoe Company, Inc. And Maryland Casualty Company v. United States of America, for the Use and Benefit of Western States MacHinery Co., United States of America, for the Use and Benefit of Western States MacHinery Co., Cross-Appellant v. Frank Briscoe Company, Inc. And Maryland Casualty Company, Cross-AppelleesCourt of Appeals for the Tenth Circuit · 1968

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