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D & L CONSTRUCTION CO. & ASSOCIATES v. UNITED STATES

No. 333-65.

378 F.2d 680 (1967)

D & L CONSTRUCTION CO. & ASSOCIATES v. The UNITED STATES.

United States Court of Claims.

June 9, 1967.

Attorney(s) appearing for the Case

Joel E. Wise, Washington, D. C., for plaintiff. W. E. Fitzpatrick, Los Angeles, Cal., attorney of record; Fitzpatrick & Lewi, Los Angeles, Cal., of counsel.

Charles E. Drake, Washington, D. C., with whom was Asst. Atty. Gen. Barefoot Sanders, for defendant. Katherine H. Johnson, Washington, D. C., of counsel.

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

ON DEFENDANT'S MOTION AND PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT

SKELTON, Judge.

This controversy, as the one in D & L Construction Co. & Associates v. United States, Ct.Cl. No. 281-65, 378 F.2d 675, decided this day, had its origin in the attempted construction of a Capehart housing project.

In this action which arises upon cross motions for summary judgment, plaintiff seeks to recover $59,691, which...

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