UNITED STATES v. MORLEY CONST. CO.

No. 1444-A.

17 F.Supp. 378 (1936)

UNITED STATES, for Use and Benefit of JOHNSON, v. MORLEY CONST. CO. et al.

District Court, W. D. New York.

December 14, 1936.


Attorney(s) appearing for the Case

McKay & Headley, of Rochester, N. Y. (Clarence W. McKay, of Rochester, N. Y., of counsel), for twenty-seven claimants.

Buchholz & O'Donnell, of Kansas City, Mo., and Dudley, Stowe & Sawyer, of Buffalo, N. Y. (Roy P. Ohlin, of Buffalo, N. Y., of counsel), for defendant Morley Const. Co.

Gibbons, Pottle & Pottle, of Buffalo, N. Y. (Frank Gibbons, of Buffalo, N. Y., of counsel), for defendant Maryland Casualty Co., also for Maryland Casualty Co. as assignee of various claimants.

Lansdowne & Lansdowne, of Buffalo, N. Y. (Robert J. Lansdowne, of Buffalo, N. Y., of counsel), for Earl L. Harrington, administrator with the will annexed of Moody L. Rupp's Estate.

Kenefick, Cooke, Mitchell, Bass & Letchworth, of Buffalo, N. Y. (William P. Stewart, of Buffalo, N. Y., of counsel), for Standard Acc. Ins. Co.

John Marshall Gorman, of Buffalo, N. Y., for J. S. Thorn Co.

Kennedy, Holland, DeLacy & Svoboda, of Omaha, Neb., and Stanley H. Montfort, of Buffalo, N. Y. (Edwin J. Culligan, of Buffalo, N. Y., of counsel), for Concrete Engineering Co.

James F. Kelly, of Buffalo, N. Y., and George Cushwa, of Baltimore, Md., for Maryland Casualty Co.


RIPPEY, District Judge.

The general contract of construction between the Government and the Morley Construction Company is dated July 23, 1932. Article 1 reads as follows:

"Article 1. Statement of work. — The contractor shall furnish all labor and materials, and perform all work required for constructing and finishing complete, at Veterans' Administration Hospital, Batavia, New York, Main Bldg. #1, Dining Hall and Attendants' Quarters Bldg. ...

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