TOBIN QUARRIES v. UNITED STATES

No. 46433.

84 F.Supp. 1021 (1949)

TOBIN QUARRIES, Inc. v. UNITED STATES.

United States Court of Claims.

July 11, 1949.


Attorney(s) appearing for the Case

Frank L. Martin, (John M. Martin, and Martin & Martin, on the brief), for plaintiff.

John B. Miller, Washington, D. C., H. G. Morison, Asst. Atty. Gen., for defendant.

Before JONES, Chief Judge, and LITTLETON, WHITAKER, MADDEN, and HOWELL, Judges.


MADDEN, Judge.

On April 11, 1940, plaintiff entered into a contract with defendant to construct a rock-fill dike extending from Moose Creek Butte to Tanana River in Alaska. In the construction of this dike the plaintiff was required to get the rock from Moose Creek Butte, which was represented to be "a solid rock formation." The specifications required that 90 percent of the rock placed in the dike should range in size from ½ cubic foot to 1 cubic yard, and that...

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