BLAKE CONSTRUCTION COMPANY v. UNITED STATES

No. 16766.

252 F.2d 658 (1958)

BLAKE CONSTRUCTION COMPANY and Ætna Casualty & Surety Company, Appellants, v. UNITED STATES of America, for the use and benefit of Jacob LICHTER and Jennie L. Lichter, partners, d/b/a and under the firm name and style of Southern Fireproofing Company, Appellees.

United States Court of Appeals Fifth Circuit.

February 25, 1958.


Attorney(s) appearing for the Case

Joel R. Wells, Jr., William S. Blalock, Orlando, Fla., Harry L. Ryan, Jr., Washington, D. C. (Maguire, Voorhis & Wells, Orlando, Fla., Whiteford, Hart, Carmody & Wilson, Washington, D. C., on the brief), for all appellants.

Fletcher G. Rush, Orlando, Fla., Paul W. Steer, Cincinnati, Ohio (Steer, Strauss & Adair, Cincinnati, Ohio, Pleus & Rush, Orlando, Fla., on the brief), for appellees.

Before RIVES, BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This is a minor, but heated, controversy growing out of the missiles program. To be sure, its resolution calls for no heady formulae in the field of astronautics. Ours is the more earth-bound task of determining whether the plans and specifications for five missile assembly buildings called for one thing rather than the other. Launching this controversy into decisional finality, we must determine too the stage at which it orbitted into...

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