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BERG SHIPBUILDING CO. v. UNITED STATES

No. 45256.

58 F.Supp. 554 (1945)

BERG SHIPBUILDING CO. et al. v. UNITED STATES.

Court of Claims.

January 8, 1945.

Attorney(s) appearing for the Case

No appearance for plaintiffs (George Nelson, on the brief).

Grover C. Sherrod, of Washington, D. C., and Francis M. Shea, Asst. Atty. Gen., for defendant.

Before WHALEY, Chief Justice, and LITTLETON, WHITAKER, JONES, and MADDEN, Judges.

MADDEN, Judge.

The Berg Shipbuilding Company, a corporation, and Geo. Nelson, Surety for the Berg Company, are the plaintiffs. The Berg Company in 1933 made a contract to build The Hemlock, a steel lighthouse tender, for the Government. The tender was not completed until long after the date stipulated in the contract, as modified by change orders, and the Government, in paying the Berg Company, assessed and withheld liquidated damages, at the rate of $200 per day...

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