Legal Opinion

United States of America, for the Use and Benefit of Carter Equipment Company, Inc. v. H. R. Morgan, Inc. And National Indemnity Company

Court of Appeals for the Fifth Circuit

Decided June 16, 1977No. 75-2362PublishedCited by 37 opinions

1Opinion of the Court

ON PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion January 10, 1977, 5 Cir., 1977, 544 F.2d 1271).

Before COLEMAN, GODBOLD and HILL, Circuit Judges. PER CURIAM:

The Petition for Rehearing is GRANTED. No member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35 Federal Rules of Appellate Procedure; Local Fifth Circuit Rule 12) the Petition for Rehearing En Banc is DENIED. The appellee, Carter Equipment Co., Inc. (Carter), suggests in its petition for rehearing that our decision disallowing the…

2Cases cited7 opinions

  1. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  2. United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957
  3. D & L Construction Company v. Triangle Electric Supply Company, Inc.Court of Appeals for the Eighth Circuit · 1964
  4. United States of America for and on Behalf of Mississippi Road Supply Co. v. H. R. Morgan, Inc. And U. S. Fidelity and Guaranty Co.Court of Appeals for the Fifth Circuit · 1976
  5. The Travelers Indemnity Company, a Corporation v. United States of America, for the Use and Benefit of Western Steel Company, a CorporationCourt of Appeals for the Ninth Circuit · 1966

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3Cited by37 opinions

  1. United States v. Randall & BlakeCourt of Appeals for the Fifth Circuit · 1987
  2. United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
  3. United States v. St. Paul Fire & Marine Insurance CompanyCourt of Appeals for the Fourth Circuit · 1996
  4. GE Supply v. C & G Enterprises, Inc.Court of Appeals for the First Circuit · 2000
  5. 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

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