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BLAKE CONST. CO., INC. v. U. S.

No. 475-76.

597 F.2d 1357 (1979)

BLAKE CONSTRUCTION COMPANY, INC., on its own behalf and to the use of Rudolph and West Company v. The UNITED STATES.

United States Court of Claims.

April 18, 1979.

Attorney(s) appearing for the Case

Thomas S. Jackson, Washington, D.C., attorney of record, for plaintiff. H. Donald Kistler, John S. Miles, and Jackson, Campbell & Parkinson, Washington, D.C., of counsel.

Lynn J. Bush, Washington, D.C., with whom was Asst. Atty. Gen., Barbara Allen Babcock, Washington, D.C., for defendant.

Before DAVIS, NICHOLS, and SMITH, Judges.

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

SMITH, Judge.

This case is before the court on the parties' cross-motions for summary judgment, the trial judge having determined, under Rule 166(b), that the issues are limited to issues of law within the purview of section 2 of the Wunderlich Act, 41 U.S.C. § 322 (1976). After carefully reviewing the briefs and oral arguments presented by the parties,

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