Legal Opinion

United Bonding Insurance Company, Third-Party v. Catalytic Construction Company, Third-Party

Court of Appeals for the Third Circuit

Decided March 29, 1976No. 74-1490PublishedCited by 11 opinions

1Opinion of the Court

OPINION

Before WALLACE, TRASK, and KENNEDY, Circuit Judges. ANTHONY M. KENNEDY, Circuit Judge:

The Assignment of Claims Act, 31 U.S.C. § 203, 41 U.S.C. § 15, provides that “[a]ll transfers and assignments ... of any claim upon the United States” are void unless made in compliance with procedures specified in the Act. We hold that a claim against the cost-plus government contractor in this case is not a claim against the United States within the meaning of the Act. In addition, we hold that a person is not always privileged to continue paying a contractor prior to “legal completion” of the…

2Cases cited30 opinions

  1. United States v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1950
  2. Pearlman v. Reliance InsuranceSupreme Court of the United States · 1962
  3. Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
  4. Alabama v. King & BoozerSupreme Court of the United States · 1941
  5. United States Ex Rel. Sherman v. Carter Constr. Co.Supreme Court of the United States · 1957

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3Cited by11 opinions

  1. In Re E.R. Fegert, Inc., Debtor. Dan O'rourke, Trustee v. Seaboard Surety Company Coral Construction Company, Inc. Shotwell Paving CompanyCourt of Appeals for the Ninth Circuit · 1989
  2. American Insurance v. United StatesUnited States Court of Federal Claims · 2004
  3. United States Fidelity & Guaranty Co. v. United StatesUnited States Court of Claims · 1982
  4. Sullivan v. Faras-RLS Group, Ltd.District Court, D. Arizona · 1992
  5. O'Rourke v. Coral Construction, Inc. (In Re E.R. Fegert, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1988

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