Legal Opinion
McDaniel v. Ashton-Mardian Co.
Court of Appeals for the Ninth Circuit
Decided March 1, 1966No. 20128PublishedCited by 18 opinions
1Opinion of the Court
MADDEN, Judge:
This is a Miller Act Claim, 49 Stat. 794 (1935), 40 U.S.C. § 270b (1964), by a subcontractor against a general contractor and its bonding company (jointly referred to as appellee). The question of liability was presented on cross motions for summary judgment by the parties. The essential issue in the case is whether the appellant as a subcontractor is entitled to compensation for delay in the course of doing certain portions of a job undertaken by appellee as prime contractor for an agency of the Federal Government.
On the same day appellee entered into a contract with the United…
2Cases cited5 opinions
- United States v. RiceSupreme Court of the United States · 1942
- Commerce International Company, Inc. v. The United StatesUnited States Court of Claims · 1964
- Laburnum Construction Corporation v. The United StatesUnited States Court of Claims · 1963
- United States v. Howard P. Foley Co.Supreme Court of the United States · 1946
- Gilbane Building Company v. The United StatesUnited States Court of Claims · 1964
3Cited by18 opinions
- J. D. Hedin Construction Co. v. United StatesUnited States Court of Claims · 1972
- Industrial Indemnity Co. v. Wick Construction Co.Alaska Supreme Court · 1984
- Sime Construction Co. v. Washington Public Power Supply SystemCourt of Appeals of Washington · 1981
- Granite Computer Leasing Corp. v. The Travelers Indemnity CompanyCourt of Appeals for the Second Circuit · 1990
- Havens Steel Co. v. Randolph Engineering Co.District Court, W.D. Missouri · 1985
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