United States v. Lloyd E. Tull, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
LEAVY, District Judge:
San Joaquin Blocklite supplied masonry materials to the masonry subcontractor on a federal government construction project. The subcontractor, General Masonry, did not pay its bill, and Blocklite turned to the general contractor for payment. The district court concluded as a matter of law that Blocklite’s notice under the Miller Act, 40 U.S.C. §§ 270a-270f, to the general contractor was insufficient, and denied recovery on the general contractor’s payment bond. This court has jurisdiction over Blocklite’s appeal from that decision under 28 U.S.C. § 1291.
I. Factual…
2Cases cited9 opinions
- Post Bros. Construction Co. v. YoderCalifornia Supreme Court · 1977
- United States v. Avanti Constructors, Inc.Court of Appeals for the Ninth Circuit · 1984
- Leslie S. Bowden, Trustee in Bankruptcy for the Estate of Frank T. Hickey, Inc., Bankrupt, Twaits-Morrison-Knudsen-Macco, Morrison Knudsen Company, Inc., MacCo Corporation, Ford J. Twaits Co., Ford J. Twaits, Individually and as Trustee, Edna M. Twaits, Jane Twaits Lataillade, Carl H. Wittenberg and Carl H. Wittenberg, Jr., as Partners Associated in Business Under the Common Name and Style of Ford J. Twaits Co. And Fidelity & Deposit Company of Maryland v. United States of America for the Use of Emmett J. Malloy, United States of America for the Use of Emmett J. Malloy, Cross-Appellant v. Leslie S. Bowden, Trustee in Bankruptcy, Etc., Cross-AppelleesCourt of Appeals for the Ninth Circuit · 1956
- United States for the Use and Benefit of Kinlau Sheet Metal Works, Inc. v. Great American Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
- United States of America to the Use of Wayne Bailey D/B/A Wayne Bailey Trucking v. Elmer J. Freethy, Individually and D/B/A Elmer J. Freethy CompanyCourt of Appeals for the Ninth Circuit · 1972
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3Cited by5 opinions
- MacCaferri Gabions, Inc. v. Dynateria Inc.Court of Appeals for the Eleventh Circuit · 1996
- Iowa Supply Co. v. Grooms & Co. ConstructionSupreme Court of Iowa · 1988
- United States v. Lloyd Tull, Inc.Court of Appeals for the Ninth Circuit · 1985
- Timberline Construction Group, LLC v. APTIM Federal Services, LLCDistrict Court, M.D. Louisiana · 2025
- Trustees of the Bricklayers and Allied Craftworkers v. Preferred Masonry Restoration,Inc.District Court, S.D. New York · 2019