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HARRISON CONSTRUCTION CO. v. OHIO TURNPIKE COM'N

Nos. 14782, 14783.

316 F.2d 174 (1963)

HARRISON CONSTRUCTION COMPANY, Plaintiff-Appellant, v. OHIO TURNPIKE COMMISSION, Defendant-Appellee. HARRISON CONSTRUCTION COMPANY, Plaintiff-Cross-Appellee, v. OHIO TURNPIKE COMMISSION, Defendant-Cross-Appellant.

United States Court of Appeals Sixth Circuit.

April 16, 1963.

Attorney(s) appearing for the Case

John H. Leddy, Columbus, Ohio (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Porter, Stanley, Treffinger & Platt, Columbus, Ohio, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, on the brief; John D. McIntyre, Pittsburgh, Pa., Lawrence D. Stanley, Columbus, Ohio, Sheldon S. Reynolds, Cleveland, Ohio, of counsel), for Harrison Const. Co.

John Lansdale, Jr., Cleveland, Ohio (Lockwood Thompson, Gen. Counsel, Ohio Turnpike Commission, Squire, Sanders & Dempsey, Cleveland, Ohio, on the brief), for Ohio Turnpike Commission.

Before MILLER, Circuit Judge, DARR, Senior District Judge, and BOYD, District Judge.

BOYD, District Judge.

This appeal and cross-appeal arise out of a contract entered into in January 1953, between the Ohio Turnpike Commission and the Harrison Construction Company, a Delaware Corporation engaged in heavy highway and industrial construction work. In 1952 the Commission advertised for bids for the construction of the easternmost 5.2 miles of the Ohio Turnpike. Harrison was the successful bidder, the contract price for the construction being $3,519,250...

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