ORLA RUBSAMIN, INDIVIDUALLY AND AS RECEIVER, ETC.

v.

CARL H. SCHULTZ, A CORPORATION, ET AL.

Citator

Cited By

• Clifford F. MacEVOY Co. v. United States for the use & benifit of Calvin Tomkins Co., 322 U.S. 102 (U.S. 1944)
  …hat required by the facts and the holding in that case, might seem to justify recovery by persons supplying materials to materialmen. Such was the holding in Utah Construction Co. v. United States, 15 F. 2d 21. Our denial of certiorari in that case, 273 U. S. 745, was not a determination by us of the issue, however. Compare Continental Casualty Co. v. North American Cement Corp., 91F. 2d 307, expressing the opposite opinion under an identical District of Columbia statute. Under the Heard Act, a single bond…
• United States v. Hercules Co. (S.D. Miss. 1931)
  …necessity are practical in the administration of justice. Where a fair hire is agreed upon, the difficulty is removed and the rule ceases. Taylor v. Connett (C. C. A.) 277 F. 945; Utah Construction Co. v. United States (C. C. A.) 15 F. (2d) 21; Id. 273 U. S. 745, 47 S. Ct. 344, 71 L. Ed. 870. Likewise, where the tools, such as drills, by their very nature and the use to which they are put, are completely consumed in the work, the cost of the same is allowed. National Surety Co. v. United States, 228 F. 577,…
• United States v. Clifford F. MacEVOY Co., 137 F.2d 565 (3d Cir. 1943)
  …thy of note, too, that the Supreme Court denied certiorari in a case decided under the Heard Act which is practically on all fours with the instant case. Utah Construction Company v. United States, 9 Cir., 1926, 15 F. 2d 21, certiorari denied, 1926, 273 U.S. 745, 47 S.Ct. 344, 71 L.Ed. 870. The Court held in this case that a claimant who, like the plaintiff before us, furnished materials toward the construction of a public project through a person having a contract with' a contractor to furnish the material…