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PROGRESSIVE BUILDERS v. DISTRICT OF COLUMBIA

Nos. 14107, 14108.

258 F.2d 431 (1958)

PROGRESSIVE BUILDERS, Inc., Appellant, v. DISTRICT OF COLUMBIA, Appellee. DISTRICT OF COLUMBIA, Appellant, v. PROGRESSIVE BUILDERS, Inc., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 26, 1958.

Certiorari Denied November 10, 1958.

Attorney(s) appearing for the Case

Mr. Max E. Greenberg, New York City, with whom Mr. Bernard J. Gallagher, Washington, D. C., was on the brief, for appellant in No. 14107 and appellee in No. 14108.

Mr. Hubert B. Pair, Asst. Corporation Counsel for the District of Columbia, with whom Mr. Chester H. Gray, Corporation Counsel, Mr. Milton D. Korman, Principal Asst. Corporation Counsel, and Mr. Oscar P. Mast, Asst. Corporation Counsel, were on the brief, for appellee in No. 14107 and appellant in No. 14108. Messrs. Richard W. Barton and George D. O'Brien, Asst. Corporation Counsel, also entered appearances for appellee in No. 14107 and appellant in No. 14108.

Before REED, Associate Justice of the Supreme Court, retired, and PRETTYMAN and FAHY, Circuit Judges.

Certiorari Denied November 10, 1958. See 79 S.Ct. 122.

PRETTYMAN, Circuit Judge.

This is an appeal by Progressive Builders, Inc., and a cross-appeal by the District of Columbia municipal government from a judgment of the District Court in an action for breach of contract. Progressive contracted to build for the District four preliminary sedimentation tanks and four sludge digestion tanks, together with related facilities...

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