Legal Opinion
United States Ex Rel. Taykinswell, Inc. v. Bencon Construction Co.
District Court, D. Maryland
Decided December 28, 1965No. Civ. 15568PublishedCited by 8 opinions
1Opinion of the Court
THOMSEN, Chief Judge.
This action under the Miller Act, 40 U.S.C.A. 270a et seq., was filed on May 18, 1963. Defendants have pleaded as a second defense that the claim is barred by section 270b, as amended in 1959, which now provides that “[N]o such 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” by the use-plaintiff.
The parties agreed, and the Court ordered, that the issue raised by the second defense should be heard and decided separately, in advance, as permitted by Rule 42(b), F.R.Civ.P. Both…
2Cases cited10 opinions
- Illinois Surety Co. v. John Davis Co.Supreme Court of the United States · 1917
- Title Guaranty & Trust Co. of Scranton v. Crane Co.Supreme Court of the United States · 1910
- Noland Company, Inc. v. Allied Contractors, Incorporated, and Maryland Casualty CompanyCourt of Appeals for the Fourth Circuit · 1959
- Taylor v. ConnettCourt of Appeals for the Fourth Circuit · 1921
- United States v. ReitenCourt of Appeals for the Ninth Circuit · 1963
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Interform Co. v. MitchellCourt of Appeals for the Ninth Circuit · 1978
- United States ex rel. Gulf States Enterprises, Inc. v. R.R. Tway, Inc.Court of Appeals for the Fifth Circuit · 1991
- Safe Environment of America, Inc. v. Employers Insurance of WausauDistrict Court, D. Massachusetts · 2003
- United States ex rel. Trane Co. v. Raymar Contracting Corp.District Court, S.D. New York · 1968
- Interform Company v. Leslie L. Mitchell, D/B/A Mitchell Construction Company, and St. Paul Fire& Marine Insurance Company, Interform Company v. Leslie L. Mitchell, D/B/A Mitchell Construction Company, and St. Paul Fire& Marine Insurance CompanyCourt of Appeals for the Ninth Circuit · 1978
3 more not listed; retrieve them via the Exa API.