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DUBOIS CONST. CORP. v. UNITED STATES

No. 47561.

98 F.Supp. 590 (1951)

DUBOIS CONST. CORP. v. UNITED STATES.

United States Court of Claims.

Decided July 9, 1951.

Attorney(s) appearing for the Case

Homer E. Peters, Albany, N. Y., for plaintiff. McClung, Peters and Simon, Albany, N. Y., were on the briefs.

Carl Eardley, Washington, D. C., with whom was Acting Asst. Atty. Gen. Newell A. Clapp, for defendant.

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

HOWELL, Judge.

This is a claim which arises out of a contract entered into on September 27, 1943, by the defendant, through the Civil Aeronautics Administration, with the plaintiff for paving work at a new airport at Washington, North Carolina, where the defendant's contractor, The Tyler Construction Company, was doing the preliminary grading which was required before paving. The claim is to recover damages of $121,269.16, allegedly suffered by the plaintiff due to...

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