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CHERNUS v. UNITED STATES

No. 47691.

75 F.Supp. 1018 (1948)

CHERNUS v. UNITED STATES.

Court of Claims.

March 1, 1948.

Attorney(s) appearing for the Case

Karl E. Holderle, Jr., of St. Louis, Mo., for plaintiff.

S. R. Gamer, of Washington, D. C., and Peyton Ford, Asst. Atty. Gen., (Gaines V. Palmes, of Washington, D. C., on the brief), for defendant.

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

MADDEN, Judge.

The Government has demurred to the first count of the plaintiff's petition. The petition alleges that the plaintiff, jointly with one Palumbo who later assigned his interest to the plaintiff, made a contract to rebuild and repair certain levees in the State of Illinois. At the time the Government's invitation for bids was issued, and until the time for the making of the contract, the site of the work was inundated by floodwaters, so that no independent...

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