Legal Opinion

United States ex rel. Foster Wheeler Corp. v. American Surety Co.

District Court, E.D. New York

Decided June 7, 1938No. L-7634PublishedCited by 1 opinion

1Opinion of the Court

BYERS, District Judge.

Atlantic Basin Iron Works, the principal named in a bond given under the Miller Act (49 Stat. 793, 794; Title 40 U.S.C. §§ 270a and 270b, 40 U.S.C.A. §§ 270a, 270b), moves for an order permitting it to intervene in this action and directing that it be made a party defendant with an appropriate amendment of summons and complaint.

The motion is based upon an affidavit of the President which recites the giving of the bond by the defendant in connection with a contract made by the Atlantic Basin Iron Works with the United States of America.

The affidávit contains the…

2Cases cited6 opinions

  1. Kramer v. MorganCourt of Appeals for the Second Circuit · 1936
  2. United States ex rel. O'Connell v. KearnsDistrict Court, D. Rhode Island · 1928
  3. United States v. Morley Const Co.District Court, W.D. New York · 1935
  4. Charles F. Garrigues Company v. . Casualty Company of Am.New York Court of Appeals · 1917
  5. United States ex rel. Yarnall v. Southern Dredging Co.District Court, D. Delaware · 1918

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

3Cited by1 opinion

  1. United States Ex Rel. Jones Contracting Co. v. SkilkenDistrict Court, N.D. Ohio · 1943

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