U.S. Court of Appeals for the Third Circuit, 1958

United States v. Standard Accident Insurance

U.S. Court of Appeals for the Third Circuit · Decided July 8, 1958

257 F.2d 78 (Federal Reporter, Second Series)

Counsel

Samuel H. Nelson, Newark, N. J., for appellant., Louis Auerbacher, Jr., Newark, N. J., for appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Standard Accident Insurance Company (3d Cir. 1958)

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

PER CURIAM.

In this action under the Miller Act, 49 Stat. 793, 40 U.S.C.A., § 270a et seq., a subcontractor seeks to recover on the special bond which the statute requires principal contractors to furnish. It is admitted that the complaint was filed more than a year after the date of final settlement of the prime contract as certified by the Comptroller General, despite the express provision of the Miller Act that “ * * no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract.” 40 U.S.C.A. § 270b(b). The district court properly held that this suit is barred by the statutory time limitation. Accord, United States for Use of Soda v. Montgomery, 3 Cir., 1958, 253 F.2d 509; Peerless Casualty Co. v. United States, 1 Cir., 1957, 241 F.2d 811.

Judgment will be affirmed.

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