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METROPOLITAN PAVING COMPANY v. UNITED STATES

No. 509-58.

325 F.2d 241 (1963)

METROPOLITAN PAVING COMPANY v. The UNITED STATES.

United States Court of Claims.

December 13, 1963.

Attorney(s) appearing for the Case

Eldon H. Crowell, Washington, D. C., for plaintiff. Walter D. Matson, Cummings & Sellers, Washington, D. C., Bert Barefoot, Jr., Barefoot, Moler & Bohanon, Oklahoma City, Okl., were on on the briefs.

Edwin J. Reis, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

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

DURFEE, Judge.

This is an action for delay damages growing out of defendant's alleged breach of contract. The contract in question was entered into November 18, 1954. Under the contract, plaintiff undertook to complete additional airfield paving and other work at the Walker Air Force Base, Roswell, New Mexico. The total consideration was $2,072,739.61.

Under the contract, plaintiff was to commence work within ten...

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