Legal Opinion
Trinity Universal Insurance Company and First National Bank in Dallas v. United States
Court of Appeals for the First Circuit
Decided September 12, 1967No. 24246PublishedCited by 67 opinions
1Opinion of the Court
RIVES, Circuit Judge.
This case presents the clear-cut issue of whether, when a Miller Act 1 surety completes a defaulted contract pursuant to its performance bond, the government may set off taxes owed by the contractor against the surety’s claim to the fund retained by the government to insure performance.
Dallas Building, Inc., the contractor, was awarded a contract for the construction of a nuclear warfare laboratory at Kirtland Air Force Base, Albuquerque, New Mexico, for the total sum of $1,-008,889.36.
Trinity Universal Insurance Company, the surety, executed for the contractor the two…
2Cases cited13 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
- United States v. Munsey Trust Co.Supreme Court of the United States · 1947
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- United States v. T. E. Hill, Jr. And Larry Moore, T. E. Hill, Jr. And Larry Moore v. United StatesCourt of Appeals for the Fifth Circuit · 1966
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3Cited by67 opinions
- Liberty Mutual Insurance Co. v. SharpCourt of Appeals of Texas · 1994
- The National Shawmut Bank of Boston v. New Amsterdam Casualty Co., Inc.Court of Appeals for the First Circuit · 1969
- United States Fidelity & Guaranty Co. v. United StatesUnited States Court of Claims · 1973
- American Fidelity Fire Insurance v. Construcciones Werl, Inc.District Court, Virgin Islands · 1975
- Interfirst Bank Dallas, N.A. v. United States Fidelity & Guaranty Co., Texas Court of Appeals, 5th District (Dallas)1989
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