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ROSS CONSTRUCTION CORPORATION v. UNITED STATES

No. 49-65.

392 F.2d 984 (1968)

ROSS CONSTRUCTION CORPORATION v. The UNITED STATES.

United States Court of Claims.

April 19, 1968.

Attorney(s) appearing for the Case

Gilbert A. Cuneo, Washington, D. C., attorney of record, for plaintiff. Julian E. Goldberg, Philadelphia, Pa., David V. Anthony, Herbert L. Fenster, and Sellers, Conner & Cuneo, Washington, D. C., of counsel.

David Orlikoff, Washington, D. C., with whom was Asst. Atty. Gen. Edwin L. Weisl, Jr., for defendant.

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

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

DAVIS, Judge.

We held in Anthony P. Miller, Inc. v. United States, 348 F.2d 475, 172 Ct.Cl. 60 (1965), that the Congressional limits on federal mortgage insurance for Capehart Act projects did not prevent a contractor from recovering for losses or expenses incurred as a result of defective government plans or specifications, or for unforeseen conditions...

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