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UNITED STATES v. CARL M. GEUPAL CONSTRUCTION CO.

No. 17490.

423 F.2d 818 (1970)

UNITED STATES of America for the Use of Lawrence GAUNT and Lina K. Gaunt d/b/a Gaunt and Son, Wabash, Indiana, Plaintiffs-Appellees, v. CARL M. GEUPAL CONSTRUCTION CO., The Western Casualty & Surety Co., The Western Fire Insurance Co., The American Casualty Company, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied April 7, 1970.

Attorney(s) appearing for the Case

R. Stanley Lawton, Indianapolis, Ind., Edward N. Kalamaros, South Bend, Ind., Ice Miller Donadio & Ryan, G. Daniel Kelley, Jr., Indianapolis, attorneys for defendants-appellants.

Donald R. Metz, Plummer Tiede Magley & Metz, Wabash, Ind., for appellees.

Before KNOCH, Senior Circuit Judge, and KILEY and CUMMINGS, Circuit Judges.

KNOCH, Senior Circuit Judge.

Defendant-appellant Carl M. Geupel Construction Company contracted with the United States of America to construct a dam at the Huntington Reservoir outside Huntington, Indiana. Certain types of gravel were to be used in the construction. Geupel was to be paid per cubic yard on the quantity to be determined as the material was in place at the dam site.

Geupel then contracted with plaintiffs-appellees Lawrence and Lina K. Gaunt doing...

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