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MOUNTAIN HOME CONTRACTORS v. UNITED STATES

No. 87-63.

425 F.2d 1260 (1970)

MOUNTAIN HOME CONTRACTORS, a Joint Venture, Consisting of Arthur A. Danekas, W. G. Ellis, John J. Martin and Sea View Lumber Co., Inc., a California Corporation v. The UNITED STATES.

United States Court of Claims.

May 15, 1970.

Attorney(s) appearing for the Case

Peter A. Lewi, Los Angeles, Cal., for plaintiff. John J. Geraghty, Raleigh, N. C., attorney of record; Peter A. Lewi, Los Angeles, Cal., of counsel.

Robert R. Donlan, 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 AND PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT

SKELTON, Judge.

This lawsuit by plaintiff, Mountain Home Contractors,1 arises out of a Capehart-Housing contract with the Department of the Air Force for the construction of 300 housing units at a total contract price of $4,918,600. Plaintiff's original and amended petitions allege two causes of action, however, only the second claim, set forth in plaintiff...

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