Balboa Insurance Company v. The United States
Court of Appeals for the Federal Circuit
1Opinion of the Court
JACK R. MILLER, Senior Circuit Judge.
This is an appeal by a Miller Act surety from a partial summary judgment by the Claims Court (No. 6-82C (Oct. 4, 1984)) denying the surety’s claim for the recovery of a progress payment of $23,163.50, alleged by the surety to have been improperly paid the prime contractor by the Government after it had notified the Government that the contractor was in default. We vacate and remand for further proceedings.
BACKGROUND
Balboa Insurance Company (“Balboa”) was the surety for the contractor, Chemical Engineers & Constructors, Inc. (“CEC”), on contract…
2Cases cited27 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
- Prairie State Bank v. United StatesSupreme Court of the United States · 1896
- Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
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- Fidelity & Guaranty Insurance Underwriters, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
- American Insurance v. United StatesUnited States Court of Federal Claims · 2004
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