Legal Opinion

Balboa Insurance Company v. The United States

Court of Appeals for the Federal Circuit

Decided October 28, 1985No. Appeal 85-823PublishedCited by 131 opinions

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

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  3. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  4. Prairie State Bank v. United StatesSupreme Court of the United States · 1896
  5. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962

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

3Cited by131 opinions

  1. First Hartford Corp. Pension Plan & Trust v. United StatesCourt of Appeals for the Federal Circuit · 1999
  2. INSURANCE COMPANY OF THE WEST, Plaintiff-Appellee, v. UNITED STATES, Defendant-AppellantCourt of Appeals for the Federal Circuit · 2001
  3. William A. Ransom and Robert D. Nesen v. The United StatesCourt of Appeals for the Federal Circuit · 1990
  4. Fidelity & Guaranty Insurance Underwriters, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2015
  5. American Insurance v. United StatesUnited States Court of Federal Claims · 2004

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

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