KENNY CONSTRUCTION COMPANY v. DISTRICT OF COLUMBIA

No. 14429.

262 F.2d 926 (1959)

KENNY CONSTRUCTION COMPANY, Appellant, v. DISTRICT OF COLUMBIA et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 22, 1959.


Attorney(s) appearing for the Case

Mr. John Wattawa, Washington, D. C., for appellant.

Mr. Hubert B. Pair, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Chester H. Gray, Corporation Counsel, Milton D. Korman, Principal Asst. Corporation Counsel, and Oscar P. Mast, Asst. Corporation Counsel, were on the brief, for appellee.

Before PRETTYMAN, Chief Judge, and EDGERTON and WILBUR K. MILLER, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

September 30, 1954, Kenny Construction Company contracted with the District of Columbia to do certain street and sewer construction at an estimated price of $2,343,974. Partial payments were to be made monthly to Kenny as the work progressed, with 10% retained until "completion and acceptance of the work." Such retention of 10% was provided for by statute,1 in obedience to which it was required.

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