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JNO. McCALL COAL COMPANY v. UNITED STATES

No. 10484.

374 F.2d 689 (1967)

JNO. McCALL COAL COMPANY, Inc., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 3, 1967.

Attorney(s) appearing for the Case

John S. McDaniel, Jr., Baltimore, Md. (Cable & McDaniel, Baltimore, Md., on brief), for appellant.

Frederick B. Abramson, Atty., Dept. of Justice (John W. Douglas, Asst. Atty. Gen., David L. Rose, Atty., Dept. of Justice, and Thomas J. Kenney, U. S. Atty., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, BELL, Circuit Judge, and LEWIS, District Judge.

OREN R. LEWIS, District Judge:

This case involves the construction of Section 2 of the Walsh-Healey Act, 41 U.S.C.A. §§ 35-45.

The facts set forth in the pleadings and the findings made by the Hearing Examiner, and confirmed by the Administrator, Division of Public Contracts, Department of Labor, are not here questioned.

The appellant, Jno. McCall Coal Company, Inc., sued the United States to recover $8,496.05 for coal sold and delivered...

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