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UNITED CONST. CO. v. UNITED STATES

No. 49526.

120 F.Supp. 760 (1954)

UNITED CONST. CO. v. UNITED STATES.

United States Court of Claims.

May 4, 1954.

Attorney(s) appearing for the Case

Edward Gallagher, Washington, D. C., for plaintiff.

William A. Stern II, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant. Mary K. Fagan, Washington, D. C., was on the brief.

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

JONES, Chief Judge.

This case involves a construction contract. The issue relates to the proper classification of materials that were excavated in carrying out the terms of the contract.

The contract, dated March 12, 1945, was for the construction of certain irrigation trenches and installations for the Bureau of Reclamation at the Deschutes Project in the State of Oregon. The plaintiff was to furnish all materials, with designated exceptions, and to perform...

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