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UNITED STATES v. JOHNSON

No. 11026.

153 F.2d 846 (1946)

UNITED STATES v. JOHNSON.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 16, 1946.

Attorney(s) appearing for the Case

Carl C. Donaugh, U. S. Atty., and J. Robert Patterson, Asst. U. S. Atty., both of Portland, Or., for appellant.

John Lichty, of Portland, Or., for appellee.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellee, plaintiff below, was awarded damages growing out of a contract with the United States for the construction of some 16 miles of highway.

The facts are these. In April 1937, the United States called for bids for the construction of the highway and furnished plans and specifications upon which bids might be based. Paragraph 2.2 of the specifications was as follows: "Sources of Supply. Gravel for crushing is available approximately...

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