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UNITED CONTRACTORS v. UNITED STATES

No. 42-63.

368 F.2d 585 (1966)

UNITED CONTRACTORS, A Co-Partnership Consisting of James E. Ward, Elkin Morris and Andrew J. Dickies v. The UNITED STATES.

United States Court of Claims.

October 14, 1966.

Attorney(s) appearing for the Case

Lyle L. Iversen, Seattle, Wash., attorney of record, for plaintiff. Lycette, Diamond & Sylvester, Seattle, Wash., of counsel.

Isaac D. Benkin, Washington, D. C., with whom was Asst. Atty. Gen., John W. Douglas, for defendant. James F. Merow, Washington, D. C., of counsel.

Before COWEN, Chief Judge, REED, Justice (Ret.), sitting by designation, LARAMORE, DAVIS and COLLINS, Judges.

OPINION

DAVIS, Judge.*

On August 13, 1953, the Corps of Engineers awarded plaintiff, United Contractors, a contract to build outside utilities at Eielson Air Force Base, Alaska, at a price of $738,382.50. The agreement called for construction below ground of over a mile of concrete tunnels ("utilidors") with heights and widths varying between two and six feet. The depth of the tunnel excavation ranged from five and one-half feet...

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