No. 15032.

315 F.2d 235 (1963)

S. J. GROVES & SONS COMPANY, Plaintiff-Appellant, v. OHIO TURNPIKE COMMISSION, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 3, 1963.

Attorney(s) appearing for the Case

William E. Knepper, Columbus, Ohio (Knepper, White, Richards, Miller & Roberts, Columbus, Ohio, on the brief; John A. Jenkins, William L. Clark, Columbus, Ohio, of counsel), Shumaker, Loop & Kendrick, Toledo, Ohio (Ross W. Shumaker, Charles W. Peckinpaugh, Jr., Toledo, Ohio, of counsel), for appellant.

Gerald B. Riley, Toledo, Ohio (Lockwood Thompson, Strongville, Ohio, Francis K. Cole, Ohio Turnpike Commission, Berea, Ohio, on the brief), Thomas L. Dalrymple, Toledo, Ohio (Fuller, Seney, Henry & Hodge, Toledo, Ohio, of counsel), for appellee.

Before CECIL, Chief Judge, MILLER, Circuit Judge, and BOYD, District Judge.


This action arises out of a contract of December 31, 1953, between the plaintiff, a contractor, and the defendant, Ohio Turnpike Commission, for the construction by the plaintiff of approximately thirteen miles of the Ohio Turnpike in Williams County, Ohio.

The complaint, filed on June 4, 1957, alleges that the plaintiff duly completed all the work under the contract on its part to be performed, and under date of July...

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