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GEORGE F. DRISCOLL CO. v. UNITED STATES

No. 45455.

63 F.Supp. 657 (1945)

GEORGE F. DRISCOLL CO. v. UNITED STATES.

Court of Claims.

October 1, 1945.

Attorney(s) appearing for the Case

Joseph J. Cotter, of Washington, D. C. (Arthur J. Phelan and Hogan & Harston, of Washington, D. C., on the brief), for plaintiff.

William A. Stern, II, of Washington, D. C., and Francis M. Shea, Asst. Atty. Gen., for defendant.

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

LITTLETON, Judge.

Plaintiff and defendant entered into a contract for the erection by plaintiff of certain buildings on Ellis Island. One building was to be erected upon piles. The provision of the specifications relating to driving of the piles is set forth in finding 4. It provides that "All piles shall be driven in the presence of the construction engineer." The contract drawings furnished by defendant designated the places at which these piles were to be driven...

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