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MERRITT-CHAPMAN & SCOTT CORP. v. CITY OF SEATTLE, WASH.

No. 16772.

281 F.2d 896 (1960)

MERRITT-CHAPMAN & SCOTT CORPORATION, a Corporation, Appellant, v. CITY OF SEATTLE, WASH., a Municipal Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

September 2, 1960.

Attorney(s) appearing for the Case

Allen, DeGarmo & Leedy, Seattle, Wash., Manning, Hollinger & Shea, New York City, Glickstein, Crenshaw, Glickstein & Hulsey, Jacksonville, Fla., Gerald DeGarmo, Seattle, Wash., Robert J. Ruben, New York City, Stuart G. Oles, Seattle, Wash., for appellant.

A. C. VanSoelen, Corp. Counsel, Seattle, Wash., A. L. Newbould, Asst. Corp. Counsel, Helsell, Paul, Fetterman, Todd & Hokanson, Richard S. White, Richard W. Bartke, Sp. Counsel, Seattle, Wash., for appellee.

Before STEPHENS, HAMLIN and KOELSCH, Circuit Judges.

HAMLIN, Circuit Judge.

On December 8, 1954, Merritt-Chapman & Scott Corporation and Savin Construction Corporation entered into a contract with the City of Seattle, appellee, for the construction of Gorge High Dam and the Newhalen-Diablo Highway at a cost of something over $14,000,000. Over four years later, during which time construction work had continued upon the dam and highway, Merritt-Chapman & Scott Corporation, appellant, filed in the District Court...

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