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D. R. SMALLEY & SONS, INC. v. UNITED STATES

No. 422-65.

372 F.2d 505 (1967)

D. R. SMALLEY & SONS, INC., v. The UNITED STATES.

United States Court of Claims.

February 17, 1967.

Attorney(s) appearing for the Case

Donald A. Moon, Brighton, Mich., attorney of record for plaintiff.

Ray Goddard, Washington, D. C., with whom was Asst. Atty. Gen. Barefoot Sanders, for defendant.

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

SKELTON, Judge.

The plaintiff, an Ohio Corporation engaged in the highway construction business, sued defendant for damages in the sum of $6,000,000 in connection with six contracts executed in 1956 and 1957 for the building of certain Federal-Aid Highway projects in the State of Ohio.

In two of the contracts the plaintiff was the principal contractor, and in the other four it was a subcontractor under Maxon Construction Company, Inc., the principal contractor...

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