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NATIONAL BY-PRODUCTS, INC. v. UNITED STATES

No. 431-65.

405 F.2d 1256 (1969)

NATIONAL BY-PRODUCTS, INC. v. The UNITED STATES.

United States Court of Claims.

January 24, 1969.

Attorney(s) appearing for the Case

B. A. Webster, Des Moines, Iowa, attorney of record, for plaintiff. John Gamble and Robert A. Gamble, Des Moines, Iowa, of counsel.

Howard O. Sigmond, Washington, D. C., with whom was Asst. Atty. Gen. Clyde O. Martz, for defendant.

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

OPINION

DAVIS, Judge.*

The plaintiff, owner of property on the south bank of Papillion Creek, a tributary of the Missouri River near Omaha, Nebraska, claims that the Government breached its informal contract to construct a levee on the plaintiff's side of the creek (south, or right) when it built one on the facing side (north, or left) to protect Offutt Air Force Base from occasional floods, with the result that the plaintiff...

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