CLEMENT BROTHERS COMPANY v. UNITED STATES

No. 204-68.

418 F.2d 1356 (1969)

CLEMENT BROTHERS COMPANY, Inc. v. The UNITED STATES.

United States Court of Claims.

As Amended January 9, 1970.


Attorney(s) appearing for the Case

Overton A. Currie, Atlanta, Ga., attorney of record, for plaintiff. Smith, Currie & Hancock, Atlanta, Ga., of counsel.

George M. Beasley, III, Washington, D. C. with whom was Asst. Atty. Gen., William D. Ruckelshaus, for defendant.

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


ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR TO SUSPEND AND ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

DAVIS, Judge:*

The issue at this stage is whether plaintiff-contractor can have an adjudication of its claims in this court, as it demands, or whether there must first be a hearing before the Corps of Engineers Board of Contract Appeals, as defendant insists. The contract was with the Engineers Corps for the construction of...

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