Legal Opinion

Colonial Surety Co. v. United States

United States Court of Federal Claims

Decided January 14, 2013No. 10-820 CPublishedCited by 3 opinions

1Opinion of the Court

Cross-Motions for Summary Judgment; Duties of the Government as Stakeholder; Equitable Subrogation; Breach of Contract

OPINION

HEWITT, Chief Judge

Colonial Surety Company (Colonial or plaintiff) was the surety for DME Construction Associates (DME or third-party defendant) on a construction contract for roof replacement with the Department of the Navy (the Navy, defendant or the government) at the Naval Support Activity in Mechanics-burg, Pennsylvania. See Am, Compl., Docket Number (Dkt. No.) 11, ¶ l.1 As a condition *627of the contract, and in accordance with section 3 13 1(b) of the Miller Act,…

2Cases cited59 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. United States v. TestanSupreme Court of the United States · 1976
  5. United States v. MitchellSupreme Court of the United States · 1983

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3Cited by3 opinions

  1. Dwyer v. Insurance Co. of Pennsylvania (In re Pihl, Inc.)United States Bankruptcy Court, D. Massachusetts · 2016
  2. Capitol Indemnity Corporation v. United StatesUnited States Court of Federal Claims · 2022
  3. In Re: LTC Holdings, Inc.District Court, D. Delaware · 2020

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