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ALAMO CONSTRUCTION CO. v. UNITED STATES

No. 46888.

88 F.Supp. 883 (1950)

ALAMO CONSTRUCTION CO., Inc. v. UNITED STATES.

United States Court of Claims.

March 6, 1950.

Attorney(s) appearing for the Case

J. Roy Thompson, Jr., Washington, D. C., for the plaintiff.

M. Walton Hendry and Bernard J. Gallagher, Washington, D. C., were on the brief.

Carl Eardley, Washington, D. C., with whom was Assistant Attorney General H. G. Morison, for the defendant.

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

WHITAKER, Judge.

Plaintiff entered into a contract with the defendant for the construction of certain housing units in Eagle Pass, Texas. It sues for damages for delay due to two causes, delay in securing lumber and defendant's delay in furnishing certain equipment, such as kitchen sinks, lavatories, heaters, refrigerators, etc.

It was a wartime contract. One provision of it was that if the materials necessary could not be secured by plaintiff under the

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