Legal Opinion
Pacific Lining Co. v. Algernon-Blair Construction Co.
Court of Appeals for the Fifth Circuit
Decided March 13, 1987No. Nos. 85-3740, 86-3025PublishedCited by 3 opinions
1Opinion of the Court
JERRE S. WILLIAMS, Circuit Judge:
These two diversity cases involve the claims of subcontracting companies against their contractors and their contractors’ sureties for payment for work performed in connection with the Louisiana World Exposition. Both cases raise the question of whether or not “pay when paid” clauses constitute suspensive conditions under Louisiana law. A motion to certify this question to the Louisiana Supreme Court has been filed. Because this question merits certification to the Louisiana Supreme Court, we have consolidated our consideration of these appeals.
I
On October 1,…
2Cases cited13 opinions
- New Orleans v. Texas & Pacific Railway Co.Supreme Court of the United States · 1898
- Miller v. Housing Authority of New OrleansSupreme Court of Louisiana · 1966
- Commercial Union Ins. Co. v. MelikyanLouisiana Court of Appeal · 1983
- Miller v. Housing Authority of New OrleansLouisiana Court of Appeal · 1965
- Subdivision Plan. Eng., Inc. v. Manor Develop. Corp.Louisiana Court of Appeal · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Southern St. Masonry v. JA Jones Const.Supreme Court of Louisiana · 1987
- Belleville Historic Dev., LLC v. GCI CONST., INC.Louisiana Court of Appeal · 2002
- Pacific Lining Co., Inc., Cross-Appellant v. Algernon-Blair Construction Co. And United States Fidelity & Guaranty Co., Cross-Appellees. Aesco Steel, Inc. v. J.A. Jones Construction Co. And Fidelity & Deposit Co. Of Maryland, DefendantsCourt of Appeals for the Fifth Circuit · 1987