Legal Opinion

Southern Surety Co. v. Western Pipe & Steel Co. of California

Court of Appeals for the Ninth Circuit

Decided December 13, 1926No. 4833PublishedCited by 1 opinion

1Opinion of the Court

RUDKIN, Circuit Judge.

This was an action by an intervening creditor on a bond given by a Contractor for the construction, prosecution, and completion of a publie work, pursuant to the Act of August 13, 1894 (28 Stat. 278), as amended by the Act of February 24, 1905 (33 Stat. 811). The latter act provides:

“That where suit is instituted by any of such creditors on the bond of the contractor it shall not be commenced until after the com*457píete performance of said contract and final settlement thereof, and shall be commenced within one year after the performance and final settlement of said…

2Cases cited5 opinions

  1. Fleischmann Construction Co. v. United States Ex Rel. ForsbergSupreme Court of the United States · 1926
  2. Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
  3. Mandel v. United StatesCourt of Appeals for the Third Circuit · 1925
  4. United States ex rel. Brown-Ketcham Iron Works v. RobinsonCourt of Appeals for the Second Circuit · 1914
  5. United States Fidelity & Guaranty Co. v. McNulty Bros.Court of Appeals for the First Circuit · 1926

3Cited by1 opinion

  1. United States Fidelity & Guaranty Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1933

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