Legal Opinion
Sam Finley, Inc. v. Pilcher, Livingston & Wallace, Inc.
District Court, S.D. Georgia
Decided July 10, 1970No. 1461PublishedCited by 4 opinions
1Opinion of the Court
ORDER
LAWRENCE, Chief Judge.
Under the terms of the Miller Act no suit “shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied.” 40 U.S.C. § 270b. The complaint in this case alleges that all labor and materials were furnished by Sam Finley, Inc. prior to April 1,1968. The suit was filed on May 28, 1969 — some two months too late. Fidelity and Deposit Company of Maryland which is surety on the bond of the general contractor has moved to dismiss the action on that ground.
In the original complaint Sam Finley, Inc.…
2Cases cited12 opinions
- United States of America, for the Use and Benefit Of, Statham Instruments, Inc. v. Western Casualty & Surety CompanyCourt of Appeals for the Sixth Circuit · 1966
- United States Fidelity and Guaranty Company v. Hendry CorporationCourt of Appeals for the Fifth Circuit · 1968
- Adams v. AlbanyDistrict Court, S.D. California · 1948
- General Insurance Company of America v. United States for the Use of Audley Moore & SonCourt of Appeals for the Fifth Circuit · 1969
- United States v. Fidelity and Casualty Company of New YorkCourt of Appeals for the Fourth Circuit · 1968
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3Cited by4 opinions
- Melhorn v. Amrep CorporationDistrict Court, M.D. Pennsylvania · 1974
- United States of America F/u/b of Dillon Construction Inc., a Corporation v. Continental Insurance Company, a CorporationCourt of Appeals for the Eleventh Circuit · 1985
- Datastaff Technology Group, Inc. v. Centex Construction Co.District Court, E.D. Virginia · 2007
- United States v. Continental Casualty CompanyDistrict Court, E.D. Louisiana · 1973