Belknap Hardware & Mfg. Co. v. Ohio River Contract Co.
Court of Appeals for the Sixth Circuit
Appeal from the District Court of the United States for the Wed ern District of Kentucky; Walter Evans, Judge. Suit by the Belknap Hardware & Manufacturing Company and otl ers against the Ohio River Contract Company and others. ’From1 decree dismissing the bill, complainants appeal.
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Appeal from the District Court of the United States for the Wed ern District of Kentucky; Walter Evans, Judge. Suit by the Belknap Hardware & Manufacturing Company and otl ers against the Ohio River Contract Company and others. ’From1 decree dismissing the bill, complainants appeal. The Ohio River Contract Company undertook to build, for the United State a work of river improvement in connection with the Ohio river at Louisvill It gave the bond to the United States required by the Act of August 13, 189 as amended February 24, 1905 (section (¡923, TI. S. O. S. 1916), with Bray and Rich el as…
1Opinion of the CourtDenison, Circuit Judge
(after stating the facts as above). The record is full of informalities. No effective notice of the proceedings was ever given to the contractor. We might well dispose of the appeal for this or similar reasons; but the underlying merits of the matter have been so fully presented and argued by counsel for the parties *146representing the substantial interests involved that we are confiden prejudice will arise from a present consideration of these matters, we think it better to take this course, and leave to subsequent ceedings the correction of defects that apparently can be easily plied.
[1] This…
2Cases cited9 opinions
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Henningsen v. United States Fidelity & Guaranty Co. of BaltimoreSupreme Court of the United States · 1908
- United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
- Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
- New York, Philadelphia & Norfolk Railroad v. Peninsula Produce ExchangeSupreme Court of the United States · 1916
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3Cited by37 opinions
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- National Surety Corporation v. United StatesUnited States Court of Claims · 1955
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- Farmers' Bank v. HayesCourt of Appeals for the Sixth Circuit · 1932
- United States Fidelity & Guaranty Co. v. SweeneyCourt of Appeals for the Eighth Circuit · 1935
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