UNITED STATES v. FOSTER CONSTRUCTION (PANAMA) S.A.

No. 71-2369 Summary Calendar.

456 F.2d 250 (1972)

The UNITED STATES of America for the Use and Benefit of FEDERAL ROOFING AND PAINTING, INC., Plaintiff-Appellant, v. FOSTER CONSTRUCTION (PANAMA) S.A., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 6, 1972.


Attorney(s) appearing for the Case

Henry L. Newell, Balboa, Canal Zone, for plaintiff-appellant.

W. J. Sheridan, Jr., Balboa Heights, Canal Zone, for defendants-appellees.

Before BELL, DYER and CLARK, Circuit Judges.


PER CURIAM:

In the district court Foster, the prime contractor, was held entitled to withhold from Federal, its subcontractor, provable overhead expenses incurred by Foster from project delay caused by Federal in excess of the amount of liquidated damages recovered by the Government against Foster. We affirm.

The amount of liquidated damages which the prime contract required be paid to the Government, as owner of the project, bears no absolute relationship...

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