Legal Opinion
United States Ex Rel. Automatic Elevator Co. v. Lori Construction
District Court, N.D. Illinois
Decided January 26, 1996No. 95 C 6960PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SHADUR, Senior District Judge.
This action under the Miller Act (the “Act,” 40 U.S.C. §§ 270a-270d 1 ) was brought by Automatic Elevator Co. (“Automatic”) against Lori Construction, Inc. (“Lori”) and Intercargo Insurance Company (“Intercar-go,” the issuer of the payment bond on which Automatic sues). Both defendants have moved for dismissal, seeking that relief alternatively under Fed.R.Civ.P. (“Rule”) 12(b)(1) and Rule 12(b)(6). For the reasons stated in this memorandum opinion and order, the motion to dismiss (though inappropriately labeled) is granted and this…
2Cases cited10 opinions
- Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984
- United States of America for the Use of Georgia Electric Supply Company, Inc. v. United States Fidelity and Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1981
- United States ex rel. Austin v. Western Electric Co.Court of Appeals for the Ninth Circuit · 1964
- United States Ex Rel. McGregor Architectural Iron Co. v. Merritt-Chapman & Scott Corp.District Court, M.D. Pennsylvania · 1960
- United States ex rel. State Electric Supply Co. v. Hesselden Construction Co.Court of Appeals for the Tenth Circuit · 1968
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3Cited by4 opinions
- Highland Renovation Corp. v. Hanover Insurance GroupDistrict Court, District of Columbia · 2009
- Comtel Technologies, Inc. v. Paul H. Schwendener, Inc.District Court, N.D. Illinois · 2010
- Highland Renovation Corporation v. Hanover Insurance GroupDistrict Court, District of Columbia · 2009
- United States of America for the use and benefit of Relyant Global, LLC v. Granite-Obayashi, a Joint Venture, Granite Construction Company Guam, Obayashi Corporation, Travelers Casualty and Surety Company of America, The Continental Insurance Company, Federal Insurance Company, Zurich American Insurance Company, and Safeco Insurance Company of AmericaDistrict Court, D. Guam · 2026