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C. J. LANGENFELDER & SON, INC. v. UNITED STATES

No. 291-63.

384 F.2d 1005 (1967)

C. J. LANGENFELDER & SON, INC. v. The UNITED STATES.

United States Court of Claims.

November 9, 1967.

Attorney(s) appearing for the Case

J. Roy Thompson, Jr., Washington, D. C., attorney of record, for plaintiff; Howard H. Conaway, Thompson, McGrail & O'Donnell and Frank, Bernstein, Gutberlet & Conaway, Baltimore, Md., of counsel.

James A. Pemberton, Jr., Washington, D. C., with whom was Acting Asst. Atty. Gen. Carl Eardley, for defendant.

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

OPINION

DAVIS, Judge.

In C. J. Langenfelder & Son, Inc. v. United States, 341 F.2d 600, 169 Ct. Cl. 465 (1965), we held that plaintiff was entitled to recover additional compensation, at six dollars per cubic yard, for unsuitable soil removed from pipe trenches dug under a contract for grading, drainage, and paving work at the Dulles Airport, including not only such material taken from below the excavation depths shown...

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