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CLEMMER CONST. CO. v. UNITED STATES

No. 47576.

71 F.Supp. 917 (1947)

CLEMMER CONST. CO., Inc., v. UNITED STATES.

Court of Claims.

June 2, 1947.

Attorney(s) appearing for the Case

C. B. McDowell, Jr., of Akron, Ohio (Brouse, McDowell, May, Bierce & Wortman, of Akron, Ohio, on the brief), for plaintiff.

John R. Franklin, Jr., of Washington, D. C., and John F. Sonnett, Asst. Atty. Gen., for defendant.

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

MADDEN, Judge.

The Government has demurred to the plaintiff's petition. According to the petition, the plaintiff, after competitive bidding, was awarded a contract for the erection of a war housing project at Akron, Ohio. The project was to contain 90 buildings, with 500 apartment units. The contract was dated February 6, 1943, and the plaintiff's compensation was to be two fixed sums, one for labor and one for materials. The Government's invitation for bids, and...

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