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PEOPLE OF STATE OF CAL., ETC. v. UNITED STATES

No. 281-75.

551 F.2d 843 (1977)

The PEOPLE OF the STATE OF CALIFORNIA, acting By and Through the DEPARTMENT OF TRANSPORTATION v. The UNITED STATES.

United States Court of Claims.

March 23, 1977.

Attorney(s) appearing for the Case

Milton B. Kane, Sacramento, Cal., atty. of record, for plaintiff. Gordon S. Baca, Sacramento, Cal., of counsel.

Stephen G. Anderson, Trial Atty., Civil Div., U.S. Dept. of Justice, Washington, D.C., with whom was Asst. Atty. Gen. Rex E. Lee, Washington, D.C., for defendant. Lawrence S. Smith, Washington, D.C., of counsel.

Before DAVIS, KASHIWA and KUNZIG, Judges.

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

KASHIWA, Judge:

Plaintiff, the State of California, Department of Transportation, in this case asserts a claim founded upon an express contract with the United States under the Federal-Aid Highways Act (23 U.S.C. § 101, et seq. (1970)). Founding its claim under 23 U.S.C. § 106(a) (1970), plaintiff contends that it is entitled to the sum of $158,941...

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