Legal Opinion
Elmer v. United States Fidelity & Guaranty Co.
District Court, S.D. Mississippi
Decided June 12, 1959No. Civ. No. 2800PublishedCited by 4 opinions
1Opinion of the Court
BENJAMIN C. DAWKINS, Sr., District Judge.
All facts in this case were stipulated.1
It appears from the stipulations (No. 3) that Tyler-Hyde Construction Company (called Tyler-Hyde) was the prime contractor with United States for furnishing the materials and doing the work *438covered by that contract, to secure which the bond of defendant, United States Fidelity & Guaranty Company, now sued upon, was given.
“ * * * Tyler-Hyde sub-contracted a large portion of the prime contract to T. F. Scholes, Inc. (called Scholes) including all grading and asphalt paving *439* * * except concrete paving which * * *…
2Cases cited3 opinions
- Clifford F. MacEvoy Co. v. United States Ex Rel. Calvin Tomkins Co.Supreme Court of the United States · 1944
- D. Ginsberg & Sons, Inc. v. PopkinSupreme Court of the United States · 1932
- United States ex rel. Calvin Tomkins Co. v. Clifford F. MacEvoy Co.Court of Appeals for the Third Circuit · 1943
3Cited by4 opinions
- E. E. Elmer, D/B/A Mississippi Testing Laboratories v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1960
- United States of America, for the Use and Benefit of W. J. Halloran Steel Erection Co. v. Frederick Raff Company, Inc.Court of Appeals for the First Circuit · 1959
- E. E. Elmer, D/B/A Mississippi Testing Laboratories v. United States Fidelity & Guaranty CompanyCourt of Appeals for the Fifth Circuit · 1960
- United States v. Frederick Raff Co.Court of Appeals for the First Circuit · 1959