United States v. Di Sandro
Cases that cite this one
5 later published cases cite this decision.
- John Marini Management Co. v. Butler (Mass. App. Ct. 2007)
- Gerosa Crane Service, Inc. v. International Products, Ltd. (Civil Court of the City of New York 1972)
- United States Ex Rel. Moron Towing Corp. v. Hartford Accident & Indemnity Co. (District Court, D. Rhode Island 1962)
- United States v. Ramstad Construction Co. (United States District Court for the District of Alaska 1961)
- United States v. Fidelity and Deposit Co. of Maryland (District Court, W.D. Louisiana 1956)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Aetna’s motion to dismiss the second count as to it as surety on a Miller Act, 40 U.S.C.A. § 270a et seq., bond appears to be well taken. The second count is founded in part on negligence and cannot be said to be for material and labor furnished.
We would distinguish this situation from the Purity Paint Products case, U. S. ex rel. Purity Paint Products Corporation v. Aetna Casualty & Surety Co., D.C.1944, 56 F.Supp. 431, however. We do not here have the question whether the remedy of the seller chosen in that case is no longer a claim for material or labor furnished because in form a “breach of contract” rather than a' “goods sold and delivered” action.
There is no necessity for passing on that question here.
The motion to dismiss the second count as to .the defendant Aetna is granted.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.