Legal Opinion

T. F. Scholes, Inc., and the United States Fidelity and Guaranty Company v. United States of America for the Use of H. W. Moore Equipment Company

Court of Appeals for the Tenth Circuit

Decided September 8, 1961No. 6650PublishedCited by 28 opinions

1Opinion of the Court

BRATTON, Circuit Judge.

This was an action under the Miller Act, 49 Stat. 793, as amended, 40 U.S.C. § 270a et seq. The United States instituted the action for the use of H. W. Moore Equipment Company, hereinafter referred to as Moore, to recover from six prime contractors and the sureties on their respective payment bonds for rental, maintenance, repair, and transportation of a rock crushing unit which was used in connection with the construction of facilities at the United States Air Force Academy in Colorado. T. F. Scholes, Inc., hereinafter referred to as Scholes, was one of the prime…

2Cases cited13 opinions

  1. Story Parchment Co. v. Paterson Parchment Paper Co.Supreme Court of the United States · 1931
  2. Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
  3. Fleisher Engineering & Construction Co. v. United States Ex Rel. HallenbeckSupreme Court of the United States · 1940
  4. Kobe, Inc. v. Dempsey Pump Co. Dempsey Pump Co. v. Kobe, Inc.Court of Appeals for the Tenth Circuit · 1952
  5. Hedrick v. PerryCourt of Appeals for the Tenth Circuit · 1939

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3Cited by28 opinions

  1. Wilshire Oil Company of Texas v. L. E. Riffe, O. Homer Riffe and Thomas J. MastersonCourt of Appeals for the Tenth Circuit · 1969
  2. A to Z Rental, Inc. v. WilsonCourt of Appeals for the Tenth Circuit · 1969
  3. United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
  4. The United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation Commercial Union Insurance Co., a Massachusetts Corporation and Sandia Corporation, a New Mexico Corporation, D/B/A Sandia National Laboratories, United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Hugg Surveying Co., Plaintiff v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- the United States of America, for the Use of C.J.C., Inc., a New Mexico Corporation v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, Defendants- United States of America, for the Use of Fred Sanchez Construction Company v. Western States Mechanical Contractors, Inc., a New Mexico Corporation and Commercial Union Insurance Co., a Massachusetts Corporation, DefendantsCourt of Appeals for the Tenth Circuit · 1987
  5. United States of America, for the Use and Benefit of Material Service Division of General Dynamics Corporation v. The Home Indemnity CompanyCourt of Appeals for the Seventh Circuit · 1973

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