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JAMES JULIAN, INC. v. PRESIDENT & COM'RS OF TOWN OF ELKTON

No. 9622.

341 F.2d 205 (1965)

JAMES JULIAN, INC., a corporation, Appellant, v. The PRESIDENT AND COMMISSIONERS OF The TOWN OF ELKTON, a municipal corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 5, 1965.

Attorney(s) appearing for the Case

John Van Brunt, Jr., Wilmington, Del. (Killoran & Van Brunt, Wilmington, Del., John D. Alexander and Constable, Alexander & Daneker, Baltimore, Md., on brief), for appellant.

Joseph M. Roulhac, Baltimore, Md. (Richard W. Case and Smith, Somerville & Case, Baltimore, Md., on brief), for appellees.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge:

The plaintiff corporation, a contractor, brought this suit against the Town of Elkton, Maryland, to recover among other items the agreed costs for certain "extras" performed by it in the process of laying a sewer line for the town. Only the compensation sought for the alleged "extra work," however, is involved in this appeal.

The plaintiff claimed under a provision of the contract which committed the defendant to payments in...

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