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PALUMBO v. UNITED STATES

No. 49391.

113 F.Supp. 450 (1953)

PALUMBO v. UNITED STATES.

United States Court of Claims.

July 13, 1953.

Attorney(s) appearing for the Case

D. M. Healy, C. E. Cessna, Jr., and Healy, Newby, Cessna & Healy, Chicago, Ill., were on the brief, for plaintiff.

S. R. Gamer, Washington, D. C., with whom was Asst. Atty. Gen. Holmes Baldridge, for defendant.

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

LITTLETON, Judge.

Plaintiff sues to recover the sum of $105,265.80 which he alleges is due him from the defendant under a construction contract as a remission of liquidated damages assessed against him under the contract and as additional compensation for work performed, for which he alleges he was not compensated.

On June 29, 1943, Samuel S. Palumbo, Joseph Palumbo and Carmella C. Palumbo, a partnership, doing business as Palumbo Excavating Company, and Maurice...

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