UNITED STATES v. McKINNON

No. 16891.

289 F.2d 908 (1961)

UNITED STATES of America, Appellant, v. A. J. McKINNON, doing business as McKinnon Construction Company, Appellee.

United States Court of Appeals Ninth Circuit.

April 3, 1961.


Attorney(s) appearing for the Case

George Cochran Doub, Asst. Atty. Gen., and John G. Laughlin, Atty. for Dept. of Justice, Washington, D. C., C. E. Luckey, U. S. Atty., Portland, Or., for appellant.

Dean M. Alexander, Portland, Or., for appellee.

Before CHAMBERS, HAMLIN and MERRILL, Circuit Judges.


PER CURIAM.

The issue here involves a claim for extra work under a government contract for dredging. In appellee's view, the basic contract did not require that he equalize the banks of the channel in a given area being excavated. This, at greater expense to the appellee, the Bureau of Reclamation insisted upon. The Interior Board of Contract Appeals found by a divided vote in favor of the government.

In our judgment, the root of the case is a fact question...

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