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MOUNT VERNON CONTRACTING CORP. v. UNITED STATES

No. 49110.

153 F.Supp. 469 (1957)

MOUNT VERNON CONTRACTING CORPORATION, Louis G. De Felice and Domenic V. Frione, Copartners Doing Business Under the Firm Name and Style of D. & F. Construction Company, The L. C. L. Corporation and the Windsor Building Supplies Co., Inc., v. The UNITED STATES.

United States Court of Claims.

July 12, 1957.

Attorney(s) appearing for the Case

John B. Gilleran, White Plains, N. Y., for plaintiffs Mount Vernon Contracting Corp. and Louis G. DeFelice and Domenic V. Frione, Cribari, Icapilto & Salinger, Mt. Vernon, N. Y., and John B. Gilleran, White Plains, N. Y., were on the brief.

William H. Coogan, New York City, for plaintiffs L. C. L. Corporation and The Windsor Building Supplies Co., Inc., Sullivan, Donovan, Hanrahan, McGovern & Lane, New York City, on the brief.

William A. Stern, II, Washington, D. C., with whom was Asst. Atty. Gen. George Cochran Doub, for defendant.

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

MADDEN, Judge.

This is a suit for damages for alleged breach of contract, brought by Mount Vernon, which had a contract with the United States, D and F, which had a subcontract with Mount Vernon, and L. C. L. and Windsor which had subcontracts with D and F. Since the plaintiffs other than Mount Vernon were not in contractual relation with the United States, none except Mount Vernon is eligible to bring this suit. Since, however, a prime contractor may, in proper circumstances...

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