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UNITED STATES v. O'BRIEN

No. 108.

220 U.S. 321 (1911)

31 S.Ct. 406

55 L.Ed. 481

UNITED STATES v. O'BRIEN, INDIVIDUALLY AND AS A MEMBER OF THE FIRM OF PERKINS & O'BRIEN.

Supreme Court of United States.

Decided April 3, 1911.

Attorney(s) appearing for the Case

The Solicitor General, with whom Mr. Assistant Attorney General Denison was on the brief, for the United States.

Mr. Frederic J. Swift and Mr. George A. King, with whom Mr. William R. Conklin was on the brief, for defendants in error.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit brought by the United States to recover the extra expense incurred to complete some dredging in Rhode Island, by reason of the failure of the defendants Perkins and O'Brien diligently and faithfully to prosecute the work. The complaint was dismissed by the Circuit Court in accordance with the decision of the Circuit Court of Appeals upon a previous trial, 159 Fed. Rep.

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