Legal Opinion
Aetna Casualty & Surety Co. v. Butte-Meade Sanitary Water District
District Court, D. South Dakota
Decided November 5, 1980No. CIV 77-5034PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION
BOGUE, Chief Judge.
This is an action brought by Aetna Casualty and Surety Company, Inc. (Plaintiff), the bonding agent for J. F. Brunken and Sons, Inc. (Brunken), against Butte-Meade Sanitary Water District (Defendant) to recover payments retained by Defendant under two construction contracts entered into between Defendant and Brunken on August 14, 1968. Defendant has counterclaimed asking for judgment against Plaintiff in the amount of $56,900 as liquidated damages under one of the contracts and $65,050 as liquidated damages under the other contract. Defendant has also…
2Cases cited18 opinions
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- United States v. United Engineering & Contracting Co.Supreme Court of the United States · 1914
- Trainor Co. v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1933
- Robinson v. United StatesSupreme Court of the United States · 1923
- Bill Curphy Co. v. ElliottCourt of Appeals for the Fifth Circuit · 1953
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3Cited by4 opinions
- Hutton Contracting Co. v. City of CoffeyvilleCourt of Appeals for the Tenth Circuit · 2007
- R.P. Wallace, Inc. v. United StatesUnited States Court of Federal Claims · 2004
- Calumet Construction Corp. v. Metropolitan Sanitary DistrictAppellate Court of Illinois · 1988
- Baldwin v. National Safe Depository Corp.Court of Appeals of Washington · 1985