FATTORE COMPANY v. METROPOLITAN SEWERAGE COMMISSION OF COUNTY OF MILWAUKEE

No. 69-C-420.

324 F.Supp. 354 (1971)

FATTORE COMPANY, Inc., Plaintiff, v. METROPOLITAN SEWERAGE COMMISSION OF the COUNTY OF MILWAUKEE, Defendant.

United States District Court, E. D. Wisconsin.

March 15, 1971.


Attorney(s) appearing for the Case

Brady, Tyrrell, Cotter & Cutler, Milwaukee, Wis., for plaintiff.

Schroeder, Gedlen, Riester & Moerke, Milwaukee, Wis., for defendant.


DECISION and ORDER

MYRON L. GORDON, District Judge.

This contract action was tried to the court, sitting without a jury. Post-trial briefs were submitted by the parties. The court must determine whether certain increased costs incurred during the construction in question are chargeable to the defendant.

The plaintiff urges that it is entitled to additional compensation under the "changed conditions" clause of the contract and also that it is entitled...

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