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CLARKE BARIDON, INC. v. MERRITT-CHAPMAN & SCOTT CORP.

No. 8605.

311 F.2d 389 (1962)

CLARKE BARIDON, INC., Appellee and Cross-Appellant, v. MERRITT-CHAPMAN & SCOTT CORPORATION, Appellant and Cross-Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 28, 1962.

Attorney(s) appearing for the Case

Forbes W. Blair, Washington, D. C. (Harold E. Mott, and Welch, Mott & Morgan, Washington, D. C., on the brief) for appellee and cross-appellant.

Ralph L. Ellis, New York City and Alexander Harvey, II, Baltimore, Md. (Manning, Hollinger & Shea, New York City, and Ober, Williams, Grimes & Stinson, Baltimore, Md., on the brief) for appellant and cross-appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

HAYNSWORTH, Circuit Judge.

A second-tier subcontractor sought additional compensation from the first-tier subcontractor arising out of work performed on the Truax Air Force Base at Madison, Wisconsin, and at Fort Custer, Michigan. The District Judge allowed some claims, allowed others in part and denied still others. The defendant has appealed from the partial allowance of certain of the claims, while the plaintiff has cross-appealed from the denial of others.

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