Legal Opinion

United States of America for the Use of Georgia Electric Supply Company, Inc. v. United States Fidelity and Guaranty Company

Court of Appeals for the Fifth Circuit

Decided September 21, 1981No. 80-7259PublishedCited by 47 opinions

1Opinion of the Court

RONEY, Circuit Judge:

In this Miller Act case, an electrical supplier for the construction of a post office successfully sued on a payment bond furnished by defendant. 1 On appeal, defendant asserts as error (1) the finding that the supplier complied with the Miller Act notice requirement; (2) the award of attorneys’ fees and prejudgment interest; (3) the failure to reduce the judgment by certain claimed credits; and (4) the rejection of an estoppel defense. We reverse the award of attorneys’ fees but affirm the judgment in all other respects.

In August 1976, a general contractor entered into a…

2Cases cited26 opinions

  1. F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
  2. Gardner v. CaliforniaSupreme Court of the United States · 1969
  3. Louisiana & Arkansas Railway Company v. Export Drum Company, Inc.Court of Appeals for the Fifth Circuit · 1966
  4. Johnson Service Company v. Transamerica Insurance CompanyCourt of Appeals for the Fifth Circuit · 1973
  5. United States ex rel. Austin v. Western Electric Co.Court of Appeals for the Ninth Circuit · 1964

21 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. Martin Hansen, Cross-Appellee v. The Continental Insurance Company and Commercial Insurance Company of Newark, New Jersey, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1991
  2. Towerridge, Inc., Sued as United States of America for the Benefit of Towerridge, Inc., and v. T.A.O., Inc., and Mid-Continent Casualty Co., AndCourt of Appeals for the Tenth Circuit · 1997
  3. United States v. Randall & BlakeCourt of Appeals for the Fifth Circuit · 1987
  4. United States ex rel. C.J.C., Inc. v. Western States Mechanical Contractors, Inc.Court of Appeals for the Tenth Circuit · 1987
  5. Trans World Metals, Inc., Trans-World Metals and Co. Limited, and Trans World Metals, Limited v. Southwire CompanyCourt of Appeals for the Second Circuit · 1985

42 more not listed; retrieve them via the Exa API.

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