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CHARLES M. DUNNING CONST. CO. v. UNITED STATES

Civ. Nos. 3874, 4075.

115 F.Supp. 250 (1953)

CHARLES M. DUNNING CONST. CO. v. UNITED STATES et al.

United States District Court, W. D. Oklahoma.

October 1, 1953.

Attorney(s) appearing for the Case

F. M. Dudley and R. C. Jopling, Jr., of Richardson, Cochran, Dudley, Fowler & Rucks, Oklahoma City, Okl., for plaintiff.

Robert E. Shelton, U. S. Atty., Oklahoma City, Okl., and Isidor Lazarus, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., and Edward H. Hickey, Atty., Dept. of Justice, Washington, D. C., of counsel), for defendants.

VAUGHT, Chief Judge.

The parties and the subject-matter being the same in each of these cases the court, on agreement of the parties, consolidated said cases for trial.

The plaintiff seeks to recover the sum of $207,041.21 claimed as losses in the performance of a contract it entered into with the United States of America (through its proper agency and hereinafter referred to as the Government or in the alternative the agency involved), on May 25, 1943, designated...

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