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OZARK DAM CONSTRUCTORS v. UNITED STATES

No. 143-54.

127 F.Supp. 187 (1955)

OZARK DAM CONSTRUCTORS, a joint venture composed of Brown & Root, Inc., a corporation, Wunderlich Contracting Company, a corporation, Peter Kiewit Sons Company, a corporation, Winston Bros. Company, a corporation, David G. Gordon, Fred B. Schultz and Chester W. Cunningham, copartners trading as Condon-Cunningham Co., Morrison-Knudsen Company, Inc., a corporation, J. C. Maguire, Constance S. Maguire, Constance Smurthwaite Maguire Trust, Marie F. Monahan Trust, Alice L. Maguire Trust, Nell L. Maguire Trust, Constance Patricia Maguire Trust and Frances D. Maguire Trust, copartners trading as J. C. Maguire & Company, and Chas. H. Tompkins Co., a corporation v. The UNITED STATES.

United States Court of Claims.

January 11, 1955.

Attorney(s) appearing for the Case

John W. Gaskins, Washington, for plaintiffs. Ben H. Powell, Jr., Austin, Tex., King & King, Washington, D. C., and Powell, Wirtz, Rauhut & McGinnis, Austin, Tex., were on the brief.

Gordon F. Harrison, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for defendant.

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

MADDEN, Judge.

The Government moves to dismiss the plaintiffs' petition on the ground that it fails to state a claim on which relief can be granted. In the consideration of the motion, the allegations of the petition are taken as true, and the following recital of facts is paraphrased from the petition.

Ozark Dam Constructors is a joint venture composed of the other named plaintiffs, who are among the largest construction contractors in the United States....

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