U.S. Court of Appeals for the D.C. Circuit, 1962

Indemnity Insurance Company of North America, a Corporation v. United States to Use and Benefit of Bailey-Lewis-Williams of Florida, Inc.

U.S. Court of Appeals for the D.C. Circuit · Decided February 15, 1962 · Edgerton, Washington, Danaher

299 F.2d 930; 112 U.S. App. D.C. 99; 1962 U.S. App. LEXIS 5886 (Federal Reporter, Second Series)

Counsel

Mr. Geoffrey Creyke, Jr., Washington, D. C., with whom Messrs. J. Mitchell Brown, Henry M. Moore and Roy S. Mitchell, Washington, D. C., were on the brief, for appellant., Mr. Walter E. Dillon, Jr., Washington, D. C., for Bailey-Lewis-Williams of Florida, Inc., Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Donald S. Smith, Asst. U. S. Atty., entered appearances for the United States.

Cases that cite this one

12 later published cases cite this decision.

United States ex rel. Brown Minneapolis Tank Co. v. Kinley Construction Co. (District Court, D. New Mexico 2011)
UNITED STATES, ETC. v. Thermo Contracting Corp. (District Court, D. New Jersey 1976)
United States v. Rondout Marine, Inc. (District Court, S.D. New York 1970)
United States Ex Rel. Angell Bros. v. Cave Construction, Inc. (District Court, D. Montana 1966)
Koppers Company, Inc. v. Continental Casualty Company, Inc. (8th Cir. 1964)
Griners' & Shaw, Inc. v. Federal Insurance (District Court, E.D. South Carolina 1964)
Lopez Castro v. Fidelity and Deposit Company of Maryland (District Court, District of Columbia 2014)
United States Ex Rel. Tanner v. Daco Construction, Inc. (United States District Court, Oklahoma Northern 1999)
United States of America, for the Use and Benefit of Skip Kirchdorfer, Inc. v. M.J. Kelley Corporation, Richard J. Kelley and Joseph E. Loconti (6th Cir. 1993)
United States Ex Rel. Expedia, Inc. v. Altex Enterprises, Inc. (United States District Court for the Middle District of Florida 1990)
United States v. Electronic & Missile Facilities, Inc. (2d Cir. 1966)
United States ex rel. Capolino Sons, Inc. v. Electronic & Missile Facilities, Inc. (2d Cir. 1966)

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

PER CURIAM.

This is an appeal from an order of the District Court denying the defendant-appellant’s motion to dismiss a suit brought against th'e surety on a contractor’s bond furnished under the Miller Act, 49 Stat. 793, 794 (1935), 40 U.S.C. §§ 270a, 270b (1958). We allowed an interlocutory appeal under 28 U.S.C. § 1292(b) (1958). On the basis of the well-reasoned opinion of District Judge Matthews, 195 F.Supp. 752 (1961), the order will be affirmed. We add only that venue was properly laid in the District of Columbia, as the surety company was licensed to do business — and does business — here, see 28 U.S.C. § 1391 (1958), and as no other judicial district in the United States was suggested as an alternative forum. Cf. United States for Use and Benefit of Bryant Electric Co., Ltd. v. Aetna Casualty & Surety Co., 297 F.2d 665 (2d Cir. 1962).

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.