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S. J. GROVES & SONS CO. v. WEST VIRGINIA TURNPIKE COM'N

Civ. A. 1783.

164 F.Supp. 816 (1958)

S. J. GROVES & SONS COMPANY, a corporation, Plaintiff, v. WEST VIRGINIA TURNPIKE COMMISSION, Defendant.

United States District Court S. D. West Virginia.

August 20, 1958.

Attorney(s) appearing for the Case

Vincent V. Chaney, of Charleston, W. Va. (Frederick W. Newton, of New York City, on the brief), for S. J. Groves & Sons Company.

Lee M. Kenna, of Charleston, W. Va. (Stanley C. Morris, of Charleston, W. Va., on the brief), for West Virginia Turnpike Commission.

BEN MOORE, Chief Judge.

Plaintiff (hereinafter referred to as the Contractor) sued for a declaratory judgment to determine its rights with reference to a contract with the West Virginia Turnpike Commission (hereinafter referred to as the Commission) for unclassified excavation at an agreed price in connection with the construction of the West Virginia Turnpike. The complaint also prays for judgment against the Commission for the amount which the Contractor claims...

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