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WINSTON BROS. COMPANY v. UNITED STATES

No. 288-69.

458 F.2d 49 (1972)

WINSTON BROS. COMPANY and Green Construction Company d/b/a Winston-Green v. The UNITED STATES.

United States Court of Claims.

April 14, 1972.

Attorney(s) appearing for the Case

Charles E. Carlsen, Minneapolis, Minn., attorney of record for plaintiffs; Mordaunt, Walstad, Cousineau & Mc-Guire, Minneapolis, Minn., of counsel.

Michael J. Rubin, Washington, D. C., with whom was Asst. Atty. Gen. William D. Ruckelshaus for defendant.

Before COWEN, Chief Judge, LARAMORE, Senior Judge, and DAVIS, COLLINS, SKELTON, NICHOLS and KASHIWA, Judges.

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

NICHOLS, Judge.

This case is before us on cross-motions for summary judgment. The plaintiff was engaged in constructing a tunnel in Arkansas for the Army Corps of Engineers. On August 20, 1964, the tunnel caved in, causing substantial delay and extra cost in the project, and destroying some of plaintiff's equipment. Following the disputes procedure of the contract, plaintiff sought a time...

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