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ANTHONY P. MILLER, INC. v. WILMINGTON HOUSING AUTHORITY

Civ. A. No. 1739.

184 F.Supp. 273 (1960)

ANTHONY P. MILLER, INC., a New Jersey Corporation, Plaintiff, v. WILMINGTON HOUSING AUTHORITY, a Public Authority of the State of Delaware, Defendant.

United States District Court D. Delaware.

June 22, 1960.

Attorney(s) appearing for the Case

John Van Brunt, Jr., and Courtney H. Cummings, Jr. (of Killoran & Van Brunt), Wilmington, for plaintiff.

Thomas Herlihy, Jr., and Morris Cohen, Wilmington, for defendant.

LAYTON, District Judge.

Plaintiff contractor constructed two low-cost housing developments for defendant, Wilmington Housing Authority.1 Under the contract,2 defendant could withhold specified liquidated damages for delay in the completion of the work, provided that

"* * * the right of the Contractor to proceed shall not be terminated or the Contractor...

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