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U.S. v. BROOKS-CALLAWAY CO.

No. 366.

318 U.S. 120 (1943)

UNITED STATES v. BROOKS-CALLAWAY CO.

Supreme Court of United States.

Decided February 1, 1943.

Attorney(s) appearing for the Case

Mr. Valentine Brookes, with whom Solicitor General Fahy and Assistant Attorney General Shea were on the brief, for the United States.

Mr. George R. Shields, with whom Messrs. Herman J. Galloway, John W. Gaskins, and Frederick W. Shields were on the brief, for respondent.

MR. JUSTICE MURPHY delivered the opinion of the Court.

We are asked to decide whether the proviso to Article 9 of the Standard Form of Government Construction Contract,1 which provides that a contractor shall not be charged with liquidated damages because of delays due to unforeseeable causes beyond the control and without the fault of the contractor, including floods, requires the remission of...

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