Legal Opinion
United States of America, for the Use of the B's Company v. Cleveland Electric Company of South Carolina
Court of Appeals for the Fourth Circuit
Decided February 6, 1967No. 10763PublishedCited by 49 opinions
1Opinion of the Court
J. SPENCER BELL, Circuit Judge:
This is an appeal from a judgment by the court without a jury. The B’s Company, a use plaintiff, brought suit under the provisions of the Miller Act (40 U.S.C. §§ 270a-270b (1964)) against the Cleveland Electric Company of South Carolina, a prime contractor, and its bondsman for monies due it as a subcontractor for labor and materials furnished on a contract with the Navy’s Polaris Missile Assembly Base at Charleston, South Carolina. The trial court denied a setoff claimed by the prime contractor, and from that portion of the decision it appeals.
Among other…
2Cases cited5 opinions
- United States v. Blair Ex Rel. Roanoke Marble & Granite Co.Supreme Court of the United States · 1944
- Fanderlik-Locke Co. v. United StatesCourt of Appeals for the Tenth Circuit · 1960
- Central Steel Erection Co. v. WillCourt of Appeals for the Ninth Circuit · 1962
- United States v. DriscollSupreme Court of the United States · 1878
- John A. Johnson & Sons, Inc. v. United StatesCourt of Appeals for the Fourth Circuit · 1946
3Cited by49 opinions
- Maxum Foundations, Inc. v. Salus Corp.Court of Appeals for the Fourth Circuit · 1985
- J. S. & H. Construction Company v. Richmond County Hospital AuthorityCourt of Appeals for the Fifth Circuit · 1973
- United States Fidelity and Guaranty Company, a Corporation v. West Point Construction Company, Inc.Court of Appeals for the Eleventh Circuit · 1988
- Active Fire Sprinkler Corp. v. The United States Postal Service and John T. Brady and Company, DefendantsCourt of Appeals for the Second Circuit · 1987
- H. W. Caldwell & Son, Inc. v. U. S. For Use and Benefit of John H. Moon & Sons, Inc.Court of Appeals for the Fifth Circuit · 1969
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