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ROSCOE-AJAX CONSTRUCTION CO., INC. v. UNITED STATES

No. 839-71.

499 F.2d 639 (1974)

ROSCOE-AJAX CONSTRUCTION CO., INC. v. The UNITED STATES.

United States Court of Claims.

June 19, 1974.

Attorney(s) appearing for the Case

O. P. Easterwood, Jr., Washington, D. C., attorney of record for plaintiff. McNutt, Dudley, Easterwood & Losch, Washington, D. C., of counsel.

Clarence T. Kipps, Jr., Washington, D. C., for The National Security Industrial Ass'n, amicus curiae. John L. Rice and Miller & Chevalier, Washington, D. C., of counsel.

David R. Schlee, Washington, D. C., with whom was Acting Asst. Atty. Gen. Irving Jaffe, for defendant. Rose Adewale-Mendes, Washington, D. C., of counsel.

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

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

DAVIS, Judge.

Plaintiff was the general contractor for the construction of missile launcher shelters at McGuire Air Force Base in New Jersey. The fabrication and installation of the roof-and-door-opening mechanisms was subcontracted to a joint venture which found its work interrupted repeatedly by contract modifications (under the Changes clause) made necessary by inconsistencies in...

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