FRUCO CONST. CO. v. McCLELLAND

No. 14286.

192 F.2d 241 (1951)

FRUCO CONST. CO. v. McCLELLAND et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 3, 1951.


Attorney(s) appearing for the Case

Jacob M. Lashly, St. Louis, Mo. (Arthur V. Lashly, Edmond A. B. Garesche, David H. McGhee, and Lashly, Lashly & Miller, St. Louis, Mo., were with him on the brief), for appellant.

Arnot L. Sheppard, St. Louis, Mo. (Dennis E. Woodside, St. Louis, Mo., was with him on the brief), for appellees.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

In December, 1940, the appellant, Fruco Construction Company, entered into a cost-plus-fixed-fee contract with the United States to construct the numerous buildings, roadways, sidewalks and other structures at St. Louis, Missouri, known as the St. Louis Ordnance Plant or the Small Arms Ammunition Plant.

The appellees, plaintiffs in the trial court, who were employed at the plant as construction guards, brought this action against the...

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