Legal Opinion

United States for the Use of Consolidated Electrical Distributors, Inc. v. Altech, Inc., a Corporation, and Aetna Casualty & Surety Co., a Corporation

Court of Appeals for the Fifth Circuit

Decided May 1, 1991No. 90-4131PublishedCited by 12 opinions

1Opinion of the Court

WISDOM, Circuit Judge:

In this Miller Act case, Altech, Inc., defendant, appeals from a judgment of $47,-308.39 plus interest awarded to the plaintiff, Consolidated Electrical Distributors, Inc. We affirm and remand for findings on the third party complaint.

I

The Miller Act permits a supplier who has furnished material or labor for the use of a contractor on a government project to recover from the contractor’s payment bond those sums which have not been paid in full within 90 days of the last date that materials were supplied, provided that the supplier has given the contractor written notice…

2Cases cited5 opinions

  1. Pressey v. PattersonCourt of Appeals for the Fifth Circuit · 1990
  2. Coffee v. United StatesCourt of Appeals for the Fifth Circuit · 1946
  3. Stanley G. Curtis, Cross-Appellee v. Commissioner of Internal Revenue, Cross-AppellantCourt of Appeals for the Fifth Circuit · 1980
  4. United States for the Use and Benefit of Jinks Lumber Company, Inc. v. Federal Insurance CompanyCourt of Appeals for the Fifth Circuit · 1971
  5. United States of America, for the Use and Benefit of Ray Moody v. The American Insurance CompanyCourt of Appeals for the Tenth Circuit · 1987

3Cited by12 opinions

  1. Natural Gas Pipeline Company of America, Natural Gas Pipeline Company of America v. Energy Gathering, Inc., John Fox, Movant-AppellantCourt of Appeals for the Fifth Circuit · 1993
  2. Beverly P. Davis, Wife Of/and Willie Earl Davis v. Odeco, Inc., Murphy Exploration & Production Company, Originally Sued as Odeco, Inc.Court of Appeals for the Fifth Circuit · 1994
  3. United States Ex Rel. Water Works Supply Corp. v. George Hyman Construction Co.Court of Appeals for the First Circuit · 1997
  4. Vacuum Systems, Inc. v. WashburnSupreme Judicial Court of Maine · 1994
  5. United States v. George Hyman Construction CompanyCourt of Appeals for the First Circuit · 1997

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