H. B. ZACHRY COMPANY v. UNITED STATES

No. 332-61.

344 F.2d 352 (1965)

H. B. ZACHRY COMPANY v. The UNITED STATES.

United States Court of Claims.

April 16, 1965.


Attorney(s) appearing for the Case

Chester H. Johnson and O. D. Hite, San Antonio, Tex., for plaintiff. Robert J. Bird, Washington, D. C., and George W. Krog, San Antonio, Tex., of counsel.

Edwin J. Reis, Washington, D. C., with whom was Asst. Atty. Gen. John W. Douglas, for defendant. Jay C. Cox, Swainsboro, Ga., was on the briefs.

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


COWEN, Chief Judge.

This is a suit to recover amounts withheld from final payment due plaintiff under two government contracts. The withholding was predicated upon alleged violations of the Davis-Bacon Act, 40 U.S.C. §§ 276a to 276a-7 and the Eight-Hour Laws, 40 U.S.C. §§ 324-326. We are required to resolve basic disagreements as to matters of fact and questions of law.

Plaintiff is a corporation whose principal business is that of a general...

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