Legal Opinion
United States ex rel. Building Rentals Corp. v. Western Casualty & Surety Co.
Court of Appeals for the Ninth Circuit
Decided June 4, 1974No. Nos. 73-1004, 73-1005PublishedCited by 11 opinions
1Opinion of the Court
OPINION
EUGENE A. WRIGHT, Circuit Judge:
This case originated as a claim under the Miller Act by a sub-subcontractor against the subcontractor and its sureties.1 Plaintiff appeals and defendants cross-appeal from a district court judgment awarding plaintiff $9,467.79 as the balance of the reasonable value of labor and material furnished by plaintiff on a construction job. We are concerned on appeal with two main issues: (1) whether the district court properly determined the amount of restitution due plaintiff upon rescission of the contract; (2) whether the district court’s finding that…
2Cases cited17 opinions
- Continental Casualty Co. v. SchaeferCourt of Appeals for the Ninth Circuit · 1949
- United States Fidelity and Guaranty Company v. Hendry CorporationCourt of Appeals for the Fifth Circuit · 1968
- Sam MacRi & Sons, Inc., a Corporation, and Continental Casualty Company, a Corporation v. U. S. A. For the Use of Oaks Construction CompanyCourt of Appeals for the Ninth Circuit · 1963
- Peter Kiewit Sons' Co. v. Summit Construction Co.Court of Appeals for the Eighth Circuit · 1969
- United States of America, for the Use of Coastal Steel Erectors, Inc. v. Algernon Blair, Incorporated, and United States Fidelity and Guaranty CompanyCourt of Appeals for the Fourth Circuit · 1973
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
- United States ex rel. Reed v. CallahanCourt of Appeals for the Ninth Circuit · 1989
- United States of America for the Use and Benefit of Heller Electric Co., Inc. S. E. B. Masonry, Inc. v. William F. Klingensmith, Inc.Court of Appeals for the D.C. Circuit · 1982
- United States v. Mountain States Construction Co.Court of Appeals for the Ninth Circuit · 1978
- United States of America for the Use of Building Rentals Corp., D/B/A Dick Fritz Painting, and Cross-Appellee, (Plaintiff Below) v. The Western Casualty and Surety Company, and Cross-Appellants. Commercial Lathing Company, D/B/A Pacific Plastering Corporation, a California Corporation, (Cross-Claimant Below) v. Building Rentals Corporation, a Corporation, D/B/A Dick Fritz Painting: Dick Fritz, (Cross-Defendants Below)Court of Appeals for the Ninth Circuit · 1974
6 more not listed; retrieve them via the Exa API.