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UNITED STATES v. JOHN KERNS CONST. CO.

Civil Action No. 12717.

140 F.2d 792 (1944)

UNITED STATES, for Use of GILLIOZ, v. JOHN KERNS CONST. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 10, 1944.

Attorney(s) appearing for the Case

Thomas S. Buzbee, of Little Rock, Ark. (Edward L. Wright, John M. Harrison, and Alvin S. Buzbee, all of Little Rock, Ark., on the brief), for appellant.

Howard Cockrill, of Little Rock, Ark. (John Sherrill, of Little Rock, Ark., on the brief), for appellees.

Before SANBORN, and WOODROUGH, Circuit Judges, and HULEN, District Judge.

HULEN, District Judge.

Appellant in this case sued for a balance due for work performed under a sub-contract with appellee John Kerns Construction Company.1 Appellees answered with a counter-claim, alleging there was due from appellant liquidated damages for failure to complete the work called for by subcontract within the time specified.

The case was tried without a jury. The parties stipulated there was due appellant $14,023...

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