Legal Opinion
Kennedy Electric Company, Inc. v. United States Postal Service
Court of Appeals for the Tenth Circuit
Decided January 30, 1975No. 74-1218PublishedCited by 50 opinions
1Opinion of the Court
BREITENSTEIN, Circuit Judge.
This is a suit by a subcontractor on a federal postal facility construction project to recover amounts due for labor and materials. Section 409(a), 39 U.S.C., and 28 U.S.C. § 1339 confer jurisdiction. Recovery is sought out of funds both retained and disbursed. The case is unusual in that the payment and performance bonds required by the Miller Act, 40 U.S.C. § 270a, were not furnished and the prime contract was executed in violation of that statute. The district court gave judgment for the subcontractor, Kennedy Electric Co., Inc. v. United States Postal Service,…
2Cases cited16 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Land v. DollarSupreme Court of the United States · 1947
- Dugan v. RankSupreme Court of the United States · 1963
- F. D. Rich Co. v. United States Ex Rel. Industrial Lumber Co.Supreme Court of the United States · 1974
- Federal Housing Administration, Region No. 4 v. BurrSupreme Court of the United States · 1940
11 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Franchise Tax Board v. United States Postal ServiceSupreme Court of the United States · 1984
- Michele Portmann, Doing Business as Grafica, an Individual v. United StatesCourt of Appeals for the Seventh Circuit · 1982
- Stephen B. Licata v. United States Postal ServiceCourt of Appeals for the Third Circuit · 1994
- National Association of Letter Carriers, Afl-Cio v. United States Postal ServiceCourt of Appeals for the D.C. Circuit · 1978
- ATC Petroleum, Inc. v. SandersCourt of Appeals for the D.C. Circuit · 1988
45 more not listed; retrieve them via the Exa API.