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DOUGLASS BROS., INC. v. UNITED STATES

No. 355-58.

319 F.2d 872 (1963)

DOUGLASS BROS., INC. v. The UNITED STATES.

United States Court of Claims.

July 12, 1963.

Attorney(s) appearing for the Case

W. C. Peticolas, El Paso, Tex., for plaintiff. Peticolas, Luscombe and Stephens, El Paso, Tex., were on the briefs.

Katherine H. Johnson, Alexandria, Va., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before JONES, Chief Judge, and LARAMORE, DURFEE and DAVIS, Judges.

DURFEE, Judge.*

Douglass Bros., Inc. brings this action to recover the sum of $32,247.82, the balance of payment due under a contract with defendant. Plaintiff completed the work called for by the contract, but because of plaintiff's subcontractor's negligence, fire destroyed part of defendant's property. Defendant withholds the stated amount from plaintiff to compensate itself for the loss.<...

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