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ALLAN CONST. CO., INC. v. UNITED STATES

No. 433-78.

646 F.2d 487 (1981)

ALLAN CONSTRUCTION CO., INC. v. The UNITED STATES.

United States Court of Claims.

April 8, 1981.

Attorney(s) appearing for the Case

William L. Burnett, Houston, Tex., attorney of record for plaintiff. Wheat Thornton & Burnett, Houston, Tex., of counsel.

John W. Showalter, Washington, D. C., with whom was Asst. Atty. Gen. Alice Daniel, Washington, D. C., for defendant.

Before COWEN, Senior Judge, DAVIS and KUNZIG, Judges.

ON CROSS MOTIONS FOR SUMMARY JUDGMENT

COWEN, Senior Judge:

Plaintiff (Allan Construction Co., Inc.), and Francis L. Bertling, as joint venturers, entered into a levee repair contract with the Corps of Engineers. During the first 2 years of the contract, progress payments were made payable to "Allan Construction Co., Inc. & Francis L. Bertling (Joint Venture)." About 2 years after the contract was executed, Francis...

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