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BLAKE CONSTRUCTION COMPANY v. UNITED STATES

Nos. 15948, 16049.

296 F.2d 393 (1961)

BLAKE CONSTRUCTION COMPANY, Inc., Appellant v. UNITED STATES of America, Appellee. UNITED STATES of America, Appellant v. AETNA CASUALTY AND SURETY COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided August 3, 1961.

Attorney(s) appearing for the Case

Mr. M. William Adelson, Baltimore, Md., of the bar of the Court of Appeals of Maryland, pro hac vice, by special leave of court, with whom Mr. Harry L. Ryan, Jr., Washington, D. C., was on the brief, for appellant in No. 15948.

Mr. Abbott A. Leban, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty. at the time of argument, and Carl W. Belcher, Asst. U. S. Atty. at the time of argument, were on the brief, for appellant in No. 15948. Mr. Frank Q. Nebeker, Asst. U. S. Atty., also entered an appearance for appellant in No. 16049 and appellee in No. 15948.

Mr. Alexander M. Heron, Washington, D. C., with whom Mr. John A. Whitney, Washington, D. C., was on the brief for appellee in No. 16049.

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

BURGER, Circuit Judge.

In 1950 the Public Buildings Service of General Services Administration entered into negotiations with Blake Construction Company, appellant in No. 15948, for the renovation of a portion of a government building. A letter of understanding from the GSA, dated December 28, 1950, stated that Blake was to perform the work in accordance with specifications to be drawn by GSA for a lump-sum figure to be determined...

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