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CARCHIA v. UNITED STATES

No. 242-67.

485 F.2d 622 (1973)

Michael CARCHIA, Jr., Receiver for Dorchester Equipment Co., Inc., and the Aetna Casualty and Surety Company, Intervenor, v. The UNITED STATES.

United States Court of Claims.

October 17, 1973.

Attorney(s) appearing for the Case

Francis V. Matera, Boston, Mass., attorney of record, for plaintiff John W. Di Nicola and McCormack, Elcock, Cohen & Matera, Boston, Mass., of counsel.

Edward O. Proctor, Boston, Mass., attorney of record, for intervenor The Aetna Casualty and Surety Co., Ely, Bartlett, Brown & Proctor, Boston, Mass., of counsel.

Paul A. Zoss, Washington, D. C., with whom was Asst. Atty. Gen. Harlington Wood, Jr., for defendant.

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

OPINION

DAVIS, Judge.

This is a contract case, brought by the plaintiff, receiver for Dorchester Equipment Co., Inc. (the company is sometimes called plaintiff), for breach of a construction contract between that firm and the United States, acting through the Post Office Department. The contract was in lump-sum form, subject to adjustment for unit prices for piling, pre-drilling for piling, and other such items. The price arrived at by competitive bidding...

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