KERR, District Judge.
Earl W. Hagerman, doing business as Hagerman Construction, brings this suit against the United States of America under the Tucker Act, 28 U.S.C.A. § 1346 (a) (2), for damages arising from an alleged breach of contract by the defendant. The defendant has filed an answer and subsequent thereto filed a motion for summary judgment, urging that the case falls clearly within the rule announced by the Supreme Court of the United States in United...
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