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UNITED STATES v. DOOLITTLE CONSTRUCTION, INC.

Civ. No. 394 L.

195 F.Supp. 537 (1961)

UNITED STATES of America for the Use and Benefit of CLAUSSEN-OLSON-BENNER, INC., a corporation, Plaintiff, v. DOOLITTLE CONSTRUCTION, INC., Acme General Contractors, Inc., Louis M. Ray and Woodrow W. Nail, Defendants.

United States District Court D. Nebraska.

July 7, 1961.

Attorney(s) appearing for the Case

Allen F. Overcash, Woods, Aitken & Aitken, Lincoln, Neb., for plaintiff.

Jerrold L. Strasheim, Mason, Knudsen, Dickeson & Berkheimer, Lincoln, Neb., for defendant Acme General Contractors, Inc.

VAN PELT, District Judge.

This matter is before the court upon the motion of Acme General Contractors to dismiss the action against it, and upon the defenses raised in the separate answers of Doolittle, Ray, and Nail that the plaintiff has failed to state a claim against them. The facts may be briefly stated.

The Department of the Interior entered into a contract with defendant Doolittle Construction Inc. whereby Doolittle agreed to perform certain construction...

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