BURTZ-DURHAM CONSTRUCTION CO. v. UNITED STATES

No. 24551.

384 F.2d 913 (1967)

BURTZ-DURHAM CONSTRUCTION CO., Inc. and Continental Casualty Company, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 14, 1967.


Attorney(s) appearing for the Case

Alex McLennan, Scott Hogg, Atlanta, Ga., for appellants.

John C. Eldridge, Stephen R. Felson, Attys., Dept. of Justice, Carl Eardley, Acting Asst. Atty. Gen., Charles L. Goodson, U. S. Atty., Washington, D. C., for appellee.

Before TUTTLE, BELL and SIMPSON, Circuit Judges.


Rehearing En Banc Denied November 14, 1967.

PER CURIAM:

This appeal concerns the alleged omission by a bidder on a government contract of items totalling $38,000 from a bid which appellant sought to withdraw before acceptance.

In response to an invitation for bids to build a bridge, appellant submitted to the U. S. Army Corps of Engineers a bid of $1,129,201.79, accompanied by a bid bond of 20%, executed by Continental Casualty Company. By the terms...

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