Clifford F. Macevoy Co. v. United States, 322 U.S. 102 (1944)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Clifford F. Macevoy Co. v. United States, 322 U.S. 102 (1944)
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Clifford F. MacEvoy Co. v. United States No. 483 Argued March 7, 1944 Decided April 24, 1944 322 U.S. 102
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT
Syllabus
1. Where A sold materials to B, who merely sold them to a contractor for use on a Government project, A is not entitled to recover upon a payment bond furnished by the contractor pursuant to the Miller Act. P. 104.
2. The term "subcontractor" in the proviso of § 2(a) of the Miller Act --
any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon said payment bond
-- does not include a materialman who merely sells materials to the contractor. P. 108.
3. The salutary policy of the Miller Act to protect those whose labor and materials go into public projects does not warrant disregard of the plain words of limitation in the proviso of § 2(a) of the Act. P. 107.
137 F.2d 565 reversed.
Certiorari, 320 U.S. 733, to review the reversal of a judgment, 49 F.Supp. 81, dismissing the complaint in a suit against a Government contractor and surety upon a payment bond.
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Chicago: U.S. Supreme Court, "Syllabus," Clifford F. Macevoy Co. v. United States, 322 U.S. 102 (1944) in 322 U.S. 102 322 U.S. 103. Original Sources, accessed July 26, 2024, http://www.originalsources.com/Document.aspx?DocID=8TQEBP1AHNBF1T4.
MLA: U.S. Supreme Court. "Syllabus." Clifford F. Macevoy Co. v. United States, 322 U.S. 102 (1944), in 322 U.S. 102, page 322 U.S. 103. Original Sources. 26 Jul. 2024. http://www.originalsources.com/Document.aspx?DocID=8TQEBP1AHNBF1T4.
Harvard: U.S. Supreme Court, 'Syllabus' in Clifford F. Macevoy Co. v. United States, 322 U.S. 102 (1944). cited in 1944, 322 U.S. 102, pp.322 U.S. 103. Original Sources, retrieved 26 July 2024, from http://www.originalsources.com/Document.aspx?DocID=8TQEBP1AHNBF1T4.
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