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FLIPPIN MATERIALS COMPANY v. UNITED STATES

No. 8-57.

312 F.2d 408 (1963)

FLIPPIN MATERIALS COMPANY, a Joint Venture Composed of Brown and Root, Inc., a Corporation, et al. v. The UNITED STATES.

United States Court of Claims.

Rehearing Denied April 5, 1963.

Attorney(s) appearing for the Case

John W. Gaskins, Washington, D. C., for plaintiff. Paul E. McNulty and King & King, Washington, D. C., were on the briefs.

Edward L. Metzler, Washington, D. C., with whom was Acting Asst. Atty. Gen., Joseph D. Guilfoyle, for defendant.

DAVIS, Judge.

The plaintiff is a joint venture — comprising the same nine large construction enterprises which were building the Bull Shoals Dam for the Government in Arkansas (see Ozark Dam Constructors v. United States, Ct.Cl., decided April 7, 1961, 288 F.2d 913) — which was formed for the sole purpose of contracting with the Government to manufacture sand and crushed rock (called "aggregate") from limestone found...

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