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UNITED STATES v. CHAS. M. DUNNING CONSTRUCTION CO.

No. 4874.

223 F.2d 723 (1955)

UNITED STATES of America, The Department of the Army (formerly War Department), of the United States of America; and War Contract Hardship Claims Board, Appellants, v. CHAS. M. DUNNING CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 28, 1955.

Attorney(s) appearing for the Case

Isidor Lazarus, Atty., Department of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Paul W. Cress, U. S. Atty., Oklahoma City, Okl., and Melvin Richter, Atty., Department of Justice, Washington, D. C., were with him on the brief), for appellants.

R. C. Jopling, Jr., Oklahoma City, Okl. (F. M. Dudley, Oklahoma City, Okl., was with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by Charles M. Dunning Construction Company, herein called the contractor, under the Lucas Act,1 as amended, to recover certain losses on a war contract. Trial was had to the court sitting as a court of equity. Judgment was entered in favor of the contractor and against the United States and the Department of the Army for $177,526.01, together with costs...

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