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MALAN CONSTRUCTION CORPORATION v. UNITED STATES

No. 362, Docket 27722.

318 F.2d 709 (1963)

MALAN CONSTRUCTION CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 28, 1963.

Attorney(s) appearing for the Case

Alvin L. Korngold, Mineola, N. Y., for appellant.

Robert M. Morgenthau, U. S. Atty., Southern District of New York (John Paul Reiner, Eugene R. Anderson, Robert E. Kushner, Asst. U. S. Attys., of counsel), for appellee.

Before WATERMAN, FRIENDLY and SMITH, Circuit Judges.

PER CURIAM.

Pursuant to the Wunderlich Act, 41 U.S.C. §§ 321, 322, plaintiff brought this action in the United States District Court for the Southern District of New York for additional compensation under a contract it had with the Veterans Administration, claiming it was ordered to perform work it was not contractually required to perform. Pursuant to the standard government contract "disputes clause" plaintiff's claim was submitted to the Contracting Officer...

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