Legal Opinion
United States ex rel. Sunbelt Pipe Corp. v. United States Fidelity & Guaranty Co.
Court of Appeals for the Fourth Circuit
Decided February 26, 1986No. 85-1209PublishedCited by 14 opinions
1Opinion of the Court
HAYNSWORTH, Senior Circuit Judge:
This is a suit against the sureties on a bond under the Miller Act, 40 U.S.C.A. §§ 270a-270d. Sunbelt Pipe Corp. sold dredging pipe to Merritt Dredging Co. for use in performing dredging work in Norfolk Harbor under a contract with the United States Army Corps of Engineers. The district court found that the pipe was purchased as part of Merritt’s capital equipment and was not “material” within the meaning of the Act or of the bond.
We affirm.
I
In late 1983, the Corps of Engineers solicited bids on a contract for maintenance dredging in the harbor at Norfolk,…
2Cases cited7 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- JW Bateson Co. v. United States Ex Rel. Bd. of Trustees of Nat. Automatic Sprinkler Industry Pension FundSupreme Court of the United States · 1978
- 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
- United States v. Endebrock-White CompanyCourt of Appeals for the Fourth Circuit · 1960
- Ibex Industries, Inc. v. Coast Line WaterproofingDistrict Court, District of Columbia · 1983
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Key Constructors, Inc. v. H & M GAS CO.Mississippi Supreme Court · 1989
- TransAmerica Premier Insurance v. OberDistrict Court, D. Maine · 1995
- Beckwith MacHinery Co. v. Asset Recovery Group, Inc.Superior Court of Pennsylvania · 2005
- United States ex rel. Benefit of Walton Technology, Inc. v. Weststar Engineering, Inc.Court of Appeals for the Ninth Circuit · 2002
- Farmer's Union Central Exchange, Inc. v. Reliance InsuranceDistrict Court, D. North Dakota · 1987
9 more not listed; retrieve them via the Exa API.