NOLAN BROTHERS, INC. v. UNITED STATES

No. 371-67.

437 F.2d 1371 (1971)

NOLAN BROTHERS, INC. v. The UNITED STATES.

United States Court of Claims.

February 19, 1971.


Attorney(s) appearing for the Case

Charles E. Carlsen, Minneapolis, Minn., attorney of record, for plaintiff. Carlsen, Greiner & Law, Minneapolis, Minn., Jack D. Eades and Clark, West, Keller, Clark & Ginsberg, Dallas, Tex., of counsel.

M. Morton Weinstein, Washington, D. C., with whom was Asst. Atty. Gen. William D. Ruckelshaus, for defendant. Robert E. Tressel, Baltimore, Md., of counsel.

John A. McWhorter, Washington, D. C., amicus curiae, for The Associated General Contractors of America, Inc. King & King, Washington, D. C., Harold I. Rosen, Harrisburg, Pa., and Joseph M. Zorc, Washington, D. C., of counsel.

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


ON PLAINTIFF'S MOTION AND DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT

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...

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