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HUNKIN CONKEY CONSTRUCTION COMPANY v. UNITED STATES

No. 170-70.

461 F.2d 1270 (1972)

The HUNKIN CONKEY CONSTRUCTION COMPANY v. The UNITED STATES.

United States Court of Claims.

June 16, 1972.

Attorney(s) appearing for the Case

Thomas B. Treacy, New York City, attorney of record, for plaintiff; George F. Mackey, Jarvis, Pilz, Buckley & Treacy, New York City, of counsel.

Michael J. Rubin, Washington, D. C., with whom was Asst. Atty. Gen. L. Patrick Gray, III, for defendant.

Before COWEN, Chief Judge, DURFEE, Senior Judge, and DAVIS, SKELTON, NICHOLS, KASHIWA, and KUNZIG, Judges.

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

DURFEE, Senior Judge:

Plaintiff, the Hunkin Conkey Construction Company hereinafter referred to as either the contractor or plaintiff], entered into Contract No. DA-36-058-CIVENG-62-109 on October 16, 1961 with the United States, acting through the Army Corps of Engineers. The contract provided, inter alia, that the contractor would furnish all labor, materials...

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