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FERGUSON & EDMONDSON CO. v. UNITED STATES

No. 45668.

89 F.Supp. 135 (1950)

FERGUSON & EDMONDSON CO. v. UNITED STATES.

United States Court of Claims.

March 6, 1950.

Attorney(s) appearing for the Case

Louis M. Denit, Washington, D. C., for the plaintiff. Brandenburg & Brandenburg, Washington, D. C., were on the brief.

Carl Eardley, Washington, D. C., with whom was Acting Assistant Attorney General Newell A. Clapp, for the defendant.

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

JONES, Chief Judge.

This is a suit to recover damages for alleged misrepresentation and arbitrary and capricious action on the part of the contracting officer. Plaintiff also sues to recover for two items of extra expense which it claims to have incurred in fulfilling the contract.

By contract dated September 16, 1936, plaintiff corporation agreed to furnish the materials and perform the work necessary for the relocation of a portion — 5.92 miles &...

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