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GREAT LAKES DREDGE & DOCK CO. v. UNITED STATES

No. 45658.

96 F.Supp. 923 (1951)

GREAT LAKES DREDGE & DOCK CO. v. UNITED STATES.

United States Court of Claims.

Decided May 1, 1951.

Attorney(s) appearing for the Case

Arthur J. Phelan and Joseph J. Cotter, Washington, D. C. (Hogan & Hartson, Washington, D. C., on the briefs), for plaintiff.

William A. Stern, II, Washington, D. C., H. G. Morison, Asst. Atty. Gen., for defendant.

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

WHITAKER, Judge.

In our former opinion, 116 Ct.Cl. 679, 90 F.Supp. 963, 965, we held that plaintiff was "entitled to recover such amount as this court may finally determine is proper as an equitable adjustment on account of the latent conditions encountered which differed from those which plaintiff had a right to expect." We said, however, that "plaintiff is limited to a recovery based upon the finding of the head of the department...

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