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UNITED STATES v. BARNEY WILKERSON CONSTRUCTION CO.

Civ. No. 8265.

321 F.Supp. 1294 (1971)

UNITED STATES of America ex rel. H. C. McDONALD, Plaintiff, v. BARNEY WILKERSON CONSTRUCTION CO., R. G. Webb, Inc., and Transamerica Insurance Company, corporations, Defendants.

United States District Court, D. New Mexico.

January 25, 1971.

Attorney(s) appearing for the Case

J. E. Gallegos, Jones, Gallegos, Snead & Wertheim, Santa Fe, N. M., for plaintiff.

Dan B. Buzzard, Clovis, N. M., for defendant.

MEMORANDUM OPINION

MECHEM, District Judge.

This suit was filed under the "Miller Act" 40 U.S.C.A. §§ 270a-270e.

McDonald and Wilkerson entered into a contract on January 22, 1968 providing for McDonald to do certain subcontracting work on a housing contract held by Wilkerson at Cannon Air Force Base, New Mexico.

The contract specifically provided for amendment and such amendments were made in writing in the early period of the contract...

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