Legal Opinion
United States v. Kelley
Court of Appeals for the Ninth Circuit
Decided February 23, 1972No. 26490PublishedCited by 2 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
Pomona Tile, which furnished tile and supplies to a subcontractor on a government project at Fort Ord, California, sought recovery under the Miller Act (40 U.S.C. § 270b) for unpaid material bills. Pomona took a default judgment against David Kelley, the subcontractor. The prime contractor, Jay De Construction Co., raised defenses of (1) noncompliance with the Act’s 90-day notice requirement, (2) partial payment, and (3) diversion of materials by the subcontractor. The district court awarded $12,394.12 to Pomona. We affirm.
Jay De held a government contract to…
2Cases cited7 opinions
- United States of America for the Use and Benefit of J. P. Byrne & Co., Inc. v. Fire Association of PhiladelphiaCourt of Appeals for the Second Circuit · 1958
- United States of America, for the Use and Benefit of William R. Carlson, D/B/A W. R. Taylor & Co. v. Continental Casualty CompanyCourt of Appeals for the Fifth Circuit · 1969
- United States Ex Rel. Color Craft Corp. v. DicksteinDistrict Court, E.D. North Carolina · 1957
- Apache Powder Co. v. Ashton Co.Court of Appeals for the Ninth Circuit · 1959
- United States ex rel. Miller & Bentley Equipment Co. v. KelleyCourt of Appeals for the Ninth Circuit · 1964
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Iowa Supply Co. v. Grooms & Co. ConstructionSupreme Court of Iowa · 1988
- United States v. KelleyCourt of Appeals for the Ninth Circuit · 1972