INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, A CORPORATION, APPELLANT,
v.
UNITED STATES TO USE AND BENEFIT OF BAILEY-LEWIS-WILLIAMS OF FLORIDA, INC., APPELLEE
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Koppers Co., Inc. v. Cont'l Cas. Co., Inc., 337 F.2d 499 (8th Cir. 1964)
-
United States for the Use & Benefit of Capolino Sons v. Elec. & Missile Facilities, Inc., 364 F.2d 705 (2d Cir. 1966)
-
United States Ex Rel. Expedia, Inc. v. Altex Enters., Inc., 734 F. Supp. 972 (M.D. Fla. 1990)…he district in which the contract was performed. Id. at § 270b(b). 2 When the contract is performed in another country, venue exists where the defendant’s principal place of business is located. Indemnity Ins. Co. v. United States, 299 F.2d 930 (D.C.D.C.1962). Furthermore, the Miller Act’s venue provision is solely for the benefit of the defendant. United States v. Electronic & Missile Facilities, Inc., 364 F.2d 705 (2d Cir.1966). The Court finds that the defendants have taken an…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- United States for the use & benefit of Bryant Elec. Co., Ltd. v. AETNA Cas. & Sur. Co. & Colonial Constr. Co., Ltd., 297 F.2d 665 (2d Cir. 1962)