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T. A. LOVING & COMPANY v. UNITED STATES

No. 6-53.

132 F.Supp. 250 (1955)

T. A. LOVING & COMPANY, a Corporation Organized and Existing under the Laws of the State of North Carolina, and Southeastern Construction Company, a Corporation Organized and Existing Under the Laws of the State of North Carolina, v. The UNITED STATES.

United States Court of Claims.

June 7, 1955.

Attorney(s) appearing for the Case

Paul W. Steer, Cincinnati, Ohio, for plaintiffs. Steer, Strauss & Adair, Cincinnati, Ohio, were on the briefs.

Frances L. Nunn, Washington, D. C., with whom was Warren E. Burger, Asst. Atty. Gen., for the defendant. Wilson Myers and William A. Stern, II, Washington, D. C., were on the briefs.

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

LARAMORE, Judge.

Plaintiffs, contractors for the construction of the Veterans' Administration Hospital, Beckley, West Virginia, were required by the contracting officer to install facing tile in the walls of the hospital's boiler house and garage where the specifications called for "structural unglazed units." It is plaintiffs' position that this language permitted the use of cinder block. They claim the difference between the cost of installing facing tile and cinder...

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