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NELSE MORTENSEN & CO. v. UNITED STATES

Civ. No. 3028.

301 F.Supp. 635 (1969)

NELSE MORTENSEN & CO., Inc., Plaintiff, v. UNITED STATES of America and Washington Water Power Company, Defendants. UNITED STATES of America, Third Party Plaintiff, v. John R. CULLER, Fulton G. Gale, Jr., Carroll Martell, Kenneth P. Norrie, Walter Z. Davis, Royal A. McClure, Thomas R. Adkison, Bruce W. Walker, John W. McGough, and Edna D. Spafford as Executrix of the Estate of Russell M. Spafford, Deceased, Third Party Defendants.

United States District Court E. D. Washington, N. D.

July 1, 1969.

Attorney(s) appearing for the Case

Lycette, Diamond & Sylvester, Seattle, Wash., for Nelse Mortensen & Co., Inc.

Dean C. Smith, U. S. Atty., Spokane, Wash., for the United States.

Paine, Lowe, Coffin, Herman & O'Kelly, Spokane, Wash., for Washington Water Power Co.

Lane, Powell, Moss & Miller, Seattle, Wash., for the Architects.

Delay & Curran, Spokane, Wash., for Estate of Russell M. Spafford, deceased.

OPINION

NATURE OF PROCEEDINGS

EAST, Senior District Judge (sitting by designation).

The plaintiff, Nelse Mortensen & Co., Inc., (Contractor) seeks Tucker Act, Title 28, Sec. 1346(a) (2) relief from the defendant United States of America (Government) upon an alleged breach by the Government of an implied warranty flowing from a building contract (T.Ex. 102 and 102-A)1

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