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OTTINGER v. UNITED STATES

No. 49102.

88 F.Supp. 881 (1950)

OTTINGER et al. v. UNITED STATES.

United States Court of Claims.

March 6, 1950.

Attorney(s) appearing for the Case

Walter D. Hanson, Oklahoma City, Okl., for plaintiffs. Watters, Cowen & Baldridge, Washington, D. C., and Rittenhouse, Webster, Hanson & Rittenhouse, Oklahoma, City, Okl., were on the brief.

Gaines V. Palmes, Washington, D. C., with whom was Assistant Attorney General H. G. Morison, for defendant.

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

MADDEN, Judge.

The Government has demurred to the plaintiffs' petition. We must, therefore, determine whether, assuming the truth of the plaintiffs' allegations, they state a cause of action. We first summarize the allegations.

On September 22, 1943, December 6, 1943, January 3, 1944, and February 29, 1944, the plaintiffs made four separate contracts with the Government which acted through the District Engineer...

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