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MICHAEL DEL BALSO v. CAROZZA

No. 8276.

136 F.2d 280 (1943)

MICHAEL DEL BALSO, Inc., v. CAROZZA.

United States Court of Appeals for the District of Columbia.

Decided June 21, 1943.

Attorney(s) appearing for the Case

Mr. William C. Sullivan, of Washington, D. C., with whom Mr. Joseph C. Turco, of Washington, D. C., was on the brief, for appellant.

Mr. W. Hamilton Whiteford, of Baltimore, Md., pro hac vice, by special leave of Court, with whom Mr. R. Aubrey Bogley, of Washington, D. C., was on the brief, for appellee.

Before EDGERTON and ARNOLD, Associate Justices, and EICHER, Chief Justice of the District Court of the United States for the District of Columbia.

EICHER, Chief Justice District Court.

This controversy arises out of a contract entered into by the parties in March 1934, whereby appellee undertook to superintend the construction of a sewer in North East Washington, for which a contract had been awarded to the appellant by the District of Columbia Government.

Appellant agreed to provide all the necessary capital and was to receive all profits up to 5¾%, except that if the profits did not exceed 5&...

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