Legal Opinion
United States ex rel. Micro-King Co. v. Community Science Technology, Inc.
Court of Appeals for the Fifth Circuit
Decided June 14, 1978No. 76-2022PublishedCited by 11 opinions
1Opinion of the Court
SIMPSON, Circuit Judge:
This is a case brought under the Miller Act, 40 U.S.C. §§ 270a et seq. (1970), by use plaintiff Micro-King, a subcontractor, against the prime contractor, Community Science Technology, Inc. (CST), and the surety supplying its performance and payment bonds for the job, The Great American Insurance Company. The district court found for Micro-King on its claim that CST breached its contract by failing to make a substantial payment for work performed, and awarded damages to it in quantum meruit, offset by the amount over the contract price expended by CST to complete…
2Cases cited14 opinions
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
- Guerra v. Manchester Terminal Corp.Court of Appeals for the Fifth Circuit · 1974
- Response of Carolina, Inc. v. Leasco Response, Inc.Court of Appeals for the Fifth Circuit · 1976
- D. H. Overmyer Co. v. LoflinCourt of Appeals for the Fifth Circuit · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
- United States ex rel. Reed v. CallahanCourt of Appeals for the Ninth Circuit · 1989
- 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
- Bankr. L. Rep. P 74,301, 37 cont.cas.fed. (Cch) P 76,201 United States of America for the Use of American Bank, Cross-Appellees v. C.I.T. Construction Incorporated of Texas, Cross-Appellant, and Fireman's Insurance Company of Newark, New Jersey, CarlosCourt of Appeals for the Fifth Circuit · 1991
- United States ex rel. American Bank v. C.I.T. Construction Inc. of TexasCourt of Appeals for the Fifth Circuit · 1991
6 more not listed; retrieve them via the Exa API.