D. W. WINKELMAN CO. v. BARR

No. 10890.

178 F.2d 341 (1949)

D. W. WINKELMAN CO., Inc., et al. v. BARR.

United States Court of Appeals Sixth Circuit.

December 14, 1949.


Attorney(s) appearing for the Case

Clyde W. Key, Knoxville, Tenn. (Clyde W. Key, Knoxville, Tenn., on the brief), for appellant D. W. Winkelman Co., Inc.

Edward Kuhn, Memphis, Tenn. (George S. Miles, Memphis, Tenn., on the brief; McDonald, McDonald & Kuhn, Memphis, Tenn., of counsel), for appellee.

Before SIMONS, ALLEN and MARTIN, Circuit Judges.


ALLEN, Circuit Judge.

This appeal arises out of an action based upon a contract for the laying of sewers, mains and service lines in Oak Ridge, Tennessee, which was part of the wartime construction for atomic bomb development. Appellee was sub-contractor under appellant's principal contract, and an arrangement was entered into on February 3, 1944, under which appellee secured labor and equipment, brought it a considerable distance to Oak Ridge and constructed main...

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