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TUTTLE/WHITE CONSTRUCTORS, INC. v. U. S.

No. 205-80C.

656 F.2d 644 (1981)

TUTTLE/WHITE CONSTRUCTORS, INC. v. The UNITED STATES.

United States Court of Claims.

July 29, 1981.

Attorney(s) appearing for the Case

David L. Reynolds, Jackson, Miss., atty. of record, for plaintiff. Benjamin P. Fishburne, III, Robert B. Wallace, Carol M. Welu, Surrey & Morse, Washington, D. C., and Reynolds, Mockbee & Johnson, Jackson, Miss., of counsel.

Robert E. Richardson, Washington, D.C., with whom was Acting Asst. Atty. Gen. Thomas S. Martin, Washington, D. C., for defendant. Thomas W. Petersen, Ray Goddard, Washington, D. C., and Alva A. Hall, Division Trial Atty., and Anne W. Westbrook, Asst. Dist. Counsel, U. S. Army Corps of Engineers, of counsel.

Before NICHOLS, KUNZIG and SMITH, Judges.

ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SMITH, Judge:

This Government contract case, on which we have heard oral argument, is before the court on defendant's motion for summary judgment. We are unable to find, in the particular circumstances of this case, that plaintiff elected to proceed under the Contract Disputes Act of 1978.1 Accordingly, we grant defendant's motion.

I.

On September 28, 1977, plaintiff...

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