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SCHMID v. UNITED STATES

No. 75-63.

351 F.2d 651 (1965)

C. W. SCHMID d/b/a C. W. Schmid Plumbing & Heating v. The UNITED STATES.

United States Court of Claims.

October 15, 1965.

Attorney(s) appearing for the Case

Eldon H. Crowell, Washington, D. C., attorney of record, for plaintiff. Gilbert A. Cuneo, David V. Anthony, Sellers, Conner & Cuneo, Washington, D. C., J. C. Garlington and Garlington, Lohn & Robinson, Missoula, Mont., of counsel.

William L. Davis, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant.

Before COWEN, Chief Judge, and LARAMORE, DURFEE, DAVIS, and COLLINS, Judges.

COWEN, Chief Judge.

On March 15, 1957, plaintiff was awarded a construction contract for an addition to the central heating plant at Minot Air Force Base, Minot, North Dakota. A major item of the work, and the item over which this present controversy centers, was the furnishing and installation of two high temperature hot water boilers. These specifications for the boilers provided that they could be the product of any qualified manufacturer, provided they met certain...

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