Legal Opinion

Consolidated Electric Co. v. United States of America for Use and Benefit of Gough Industries, Inc.

Court of Appeals for the Ninth Circuit

Decided January 18, 1966No. 19553_1PublishedCited by 68 opinions

1Opinion of the Court

ELY, Circuit Judge.

In this Miller Act (40 U.S.C. §§ 270a-270d (1964)) case, the prime contractor and his surety appeal from a summary judgment granted by the District Court against them and a subcontractor and in favor of one who supplied material to the subcontractor. The subcontractor, Consolidated Electric Company, did not appeal.

Jacob J. Peretz, doing business as Peretz Construction Co., entered into a contract with the United States. Under the terms of this prime contract, Peretz agreed to furnish the necessary labor and materials to pursue and complete construction on what is known as…

2Cases cited7 opinions

  1. The Alabama Great Southern Railroad Company v. Louisville and Nashville Railroad CompanyCourt of Appeals for the Fifth Circuit · 1955
  2. R. P. Farnsworth & Co. v. Electrical Supply Co.Court of Appeals for the Fifth Circuit · 1940
  3. St. Paul Fire and Marine Insurance Company v. United States of America for the Use of Dakota Electric Supply Company, Anorth Dakota CorporationCourt of Appeals for the Eighth Circuit · 1962
  4. Columbia Digger Co. v. SparksCourt of Appeals for the Ninth Circuit · 1915
  5. Robert N. Cameron and Jack Crawford v. Vancouver Plywood CorporationCourt of Appeals for the Ninth Circuit · 1959

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3Cited by68 opinions

  1. Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. EstesCourt of Appeals for the Ninth Circuit · 1998
  2. Shiosaki v. CommissionerUnited States Tax Court · 1974
  3. Vera Croley, Etc. v. Matson Navigation Company, David E. Bouler v. Matson Navigation CompanyCourt of Appeals for the Fifth Circuit · 1971
  4. National Labor Relations Board v. Smith Industries, Inc.Court of Appeals for the Fifth Circuit · 1968
  5. George L. Stansifer, Dba Lakewood Sports Cars v. Chrysler Motors Corporation, and J. O. Fisher Corporation (Jim Fisher Motors)Court of Appeals for the Ninth Circuit · 1973

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