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NOLAN BROTHERS, INCORPORATED v. UNITED STATES

No. 371-67.

405 F.2d 1250 (1969)

NOLAN BROTHERS, INCORPORATED v. The UNITED STATES.

United States Court of Claims.

January 24, 1969.

Attorney(s) appearing for the Case

Harold F. Blasky, Washington, D. C., for plaintiff; Jack D. Eades, Dallas, Tex., attorney of record. Carlsen, Greiner & Law, Charles E. Carlsen, Minneapolis, Minn., Clark, West, Keller, Clark & Ginsberg and W. B. West, III, Dallas, Tex., of counsel.

M. Morton Weinstein, 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 DEFENDANT'S REQUEST FOR REVIEW OF THE TRIAL COMMISSIONER'S ORDER

DAVIS, Judge.

The claimant, Nolan Brothers, Incorporated, undertook in August 1962 to construct for the Corps of Engineers two rock jetties out into the Gulf of Mexico from Matagorda Peninsula in Texas. The contract price ultimately amounted to some nine million dollars. In March 1964, when about one-third of the work was done, the defendant exercised its contract right to terminate performance...

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