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DAY v. UNITED STATES

No. 43.

245 U.S. 159 (1917)

38 S.Ct. 57

62 L.Ed. 219

DAY ET AL., PARTNERS UNDER THE FIRM NAME OF J.G. & I.N. DAY, v. UNITED STATES.

Supreme Court of United States.

Decided November 26, 1917.

Attorney(s) appearing for the Case

Mr. Benjamin Carter, with whom Mr. Frank Carter Pope was on the briefs, for appellants.

Mr. Assistant Attorney General Thompson for the United States.

MR. JUSTICE HOLMES delivered the opinion of the court.

This is a suit by a contractor to recover for work and material furnished to build a bulkhead and temporary dams in order to protect a canal and locks at the cascades of the Columbia River against an extraordinary flood. The facts of the case are simple. An Act of Congress of July 13, 1892, c. 158, 27 Stat. 109, appropriated $326,250 for continuing an improvement at the cascades that had been under way for a number...

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