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OTTINGER v. UNITED STATES

No. 49102.

106 F.Supp. 198 (1952)

OTTINGER et al. v. UNITED STATES.

United States Court of Claims.

July 15, 1952.

Attorney(s) appearing for the Case

Walter D. Hanson, Oklahoma City, Okl., for the plaintiff. Watters, Cowen & Donovan, Abner H. Ferguson, Washington, D. C., and Rittenhouse, Hanson & Evans, Oklahoma City, Okl., were on the briefs.

Gaines V. Palmes, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for the defendant.

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

MADDEN, Judge.

The plaintiffs are a partnership engaged in the construction business. They made four separate contracts with the United States, which acted through the Army Engineers, for constructing levee work near Tulsa, Oklahoma. The dates of the contracts were September 22 and December 6, 1943, and January 3 and February 29, 1944.

Work under the first contract was commenced about October 6, 1943, by the preparation of the site for the reception of the...

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