Legal Opinion
Continental Casualty Company v. C. O. Brand, Inc., and Hartford Accident and Indemnity Company
Court of Appeals for the Fifth Circuit
Decided March 16, 1966No. 20468_1PublishedCited by 5 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The decisive issue before the Court is the validity of the dual notice provision in the standard Capehart Act 1 payment bond executed on a form prescribed by the Secretary of Defense. This provi sion requires, as a prerequisite to suit on the bond, that a Capehart Act supplier give notice of default to any two of the following parties: (1) the prime contractor; (2) any one of the obligees; and (3) the surety. A Miller Act 2 3 supplier who deals with a subcontractor must give notice of default before commencing suit against the prime’s surety, but is required to notify…
2Cases cited16 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- United States Ex Rel. Noland Co. v. IrwinSupreme Court of the United States · 1942
- Continental Casualty Company, a Corporation v. The United States of America for the Use and Benefit of the Robertson Lumbercompany, a CorporationCourt of Appeals for the Eighth Circuit · 1962
- National State Bank of Newark v. Terminal Const. Corp.District Court, D. New Jersey · 1963
- Continental Casualty Company, Inc. v. Allsop Lumber Company, Inc., Allsop Lumber Company, Inc. v. Continental Casualty Company, Inc.Court of Appeals for the Eighth Circuit · 1964
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re Benefit of Creditors of Maple Contractors, Inc., Gen. AssignmentNew Jersey Superior Court Appellate Division · 1979
- Westinghouse Electric Corp. v. MinnixCourt of Appeals of Maryland · 1970
- United States ex rel. Nobles Insulation Co. v. Magna Building Corp.District Court, S.D. Georgia · 1969
- Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc., Texas Court of Appeals, 3rd District (Austin)2015
- Star Operations, Inc. and Great American Insurance Company of New York v. Dig Tech, Inc., Texas Court of Appeals, 3rd District (Austin)2017