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McCARTHY BROS. CONST. CO. v. PIERCE

No. 86-2415.

832 F.2d 463 (1987)

McCARTHY BROTHERS CONSTRUCTION COMPANY, a Missouri Corporation, Appellant, v. Samuel R. PIERCE, Jr., in his official capacity as Secretary of the United States Department of Housing & Urban Development, and National Church Residences of St. Charles, Missouri, an Ohio non-profit corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 22, 1987.

Attorney(s) appearing for the Case

Jeffrey T. Demerath, St. Louis, Mo., for appellant.

Eugene Lipscomb of H.U.D., Kansas City, Mo., for appellees.

Before ARNOLD and WOLLMAN, Circuit Judges and HENLEY, Senior Circuit Judge.

WOLLMAN, Circuit Judge.

McCarthy Brothers Construction Company appeals from a district court1 judgment that denied its claim for an incentive fee under a construction contract and granted the counterclaim of National Church Residences of St. Charles, Missouri, for overpayment on that contract, 626 F.Supp. 981. We affirm.

I

On September 29, 1981, National Church Residences of St. Charles...

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