AMERICAN SURETY CO.

v.

UNITED STATES

Citator

Cited By

• The Boeing Co. v. Shipman, 411 F.2d 365 (5th Cir. 1969)
  …“We do not appear to have considered this question ourselves, but a number of other circuits have reached this result without even discussion.” [Citing, inter alia, Rhodes v. Metropolitan Life Insurance Co., 5 Cir. 1949, 172 F. 2d 183, cert. denied, 337 U.S. 930, 69 S.Ct. 1495, 93 L.Ed. 1738.] See Gibson v. Elgin, Joliet & Eastern Railway Company, 7 Cir., 1957, 246 F. 2d 834 (On Petition for Rehearing); Cahill v. New York, New Haven & Hartford R. R. Co., 2 Cir., 1955, 224 F. 2d 637 (Frank J., dissenting).…
• Dehydrating Process Co. v. A. O. Smith Corp., 292 F.2d 653 (1st Cir. 1961)
  …ce.”) We do not appear to have considered this question ourselves, but a number of other circuits have reached this result without even discussion. See, e. g., Rhodes v. Metropolitan Life Insurance Co., 5 Cir., 1949, 172 F. 2d 183, certiorari denied 337 U.S. 930, 69 S.Ct. 1495, 93 L.Ed. 1738; Brunner v. Minneapolis, St. P. & S. Ste. M. Ry., 7 Cir., 1957, 240 F. 2d 608, 609; Norfolk Southern Ry. v. Davis Frozen Foods, Inc., 4 Cir., 1952, 195 F. 2d 662. In the last case, in directing in favor of the plaintif…
• Columbia Hosp. for Women & Lying-In Asylum v. United States Fid. & Guar. Co., 188 F.2d 654 (D.C. Cir. 1951)
  …r more in the aggregate than the amount carried in the bond on such employee, which was $2500.” We are cited to United States v. American Surety Co. of New York, 2 Cir., 172 F. 2d 135, 138, recently decided by the Second Circuit. Certiorari denied, 337 U.S. 930, 69 S.Ct. 1494, 93 L.Ed. 1737. That decision, which was by a divided court, dealt with a type of bond required by an act of Congress, and does not appear pertinent here. The majority opinion recognizes that non-cumulative liability (i. e., liability…