Legal Opinion
Moore Brothers Co v. Brown & Root Inc
Court of Appeals for the Fourth Circuit
Decided March 30, 2000No. 99-1232 to 99-1237PublishedCited by 42 opinions
1Opinion of the Court
Affirmed in part, reversed in part, and remanded by published opinion. Judge MURNAGHAN wrote the opinion, in which Senior Judge HAMILTON joined. Judge WILKINS wrote an opinion concurring in part and dissenting in part.
OPINION
MURNAGHAN, Circuit Judge:
This case arises out of the construction of the Dulles Toll Road Extension, a privately owned and operated toll road connecting Dulles Airport and Leesburg, Virginia. Two issues are raised on appeal: first, whether a surety may rely on a “pay when paid” clause in a subcontract as a defense to liability for payment on a bond; and second, whether a…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Amies v. WesnofskeNew York Court of Appeals · 1931
- OBS Co., Inc. v. Pace Const. Corp.Supreme Court of Florida · 1990
- Ross v. CrawSupreme Court of Virginia · 1986
- Galloway Corp. v. S.B. Ballard Construction Co.Supreme Court of Virginia · 1995
12 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Moore Brothers Company v. Brown & Root, Incorporated, and Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P., Third Party Moore Brothers Company v. Highlands Insurance Company, and Brown & Root, Incorporated, and Toll Road Investors Partnership Ii, L.P., Third Party Moore Brothers Company v. Brown & Root, Incorporated Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P., Third Party Lane Construction Corporation v. Brown & Root, Incorporated, and Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third Party Lane Construction Corporation v. Highlands Insurance Company, and Brown & Root, Incorporated, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third Party Lane Construction Corporation v. Brown & Root, Incorporated Highlands Insurance Company, and Toll Road Investors Partnership Ii, L.P. State Street Bank & Trust Companyof Connecticut, Na Banque Nationale De Paris, New York Branch, Third PartyCourt of Appeals for the Third Circuit · 2000
- United States ex rel. Tusco, Inc. v. Clark Construction Group, LLCDistrict Court, D. Maryland · 2016
- Kortright Capital Partners LP v. Investcorp Inv. Advisers Ltd.District Court, S.D. Illinois · 2018
- Mary Helen Coal Corp. v. HudsonCourt of Appeals for the Fourth Circuit · 2000
- Johnson v. CossSouth Dakota Supreme Court · 2003
37 more not listed; retrieve them via the Exa API.