Judgment unanimously modified on the law and facts in accordance with the memorandum herein, and as so modified affirmed, with costs to claimant.
Memorandum:
The claim here arises out of a contract dated May 1, 1959 for the construction of a portion of the Scajaquada Creek Expressway in the City of Buffalo. Claimant's contract called for the placement of pier foundations supported by steel bearing piles, retaining walls, four connecting ramp structures within...
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