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SERVIDONE CONST. CORP. v. U.S.

Nos. 90-5115, 90-5121.

931 F.2d 860 (1991)

SERVIDONE CONSTRUCTION CORPORATION, Plaintiff/Cross-Appellant, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 24, 1991.

Attorney(s) appearing for the Case

Ray Goddard, Goddard & Blum, of New York City, argued for plaintiff/cross-appellant. With him on the brief were Gregory E. Ronan and Elizabeth M. Weaver, of counsel.

Helene M. Goldberg, Director, Torts Branch, Dept. of Justice, of Washington, D.C., argued for defendant-appellant. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Also on the brief was William Brown, Corps of Engineers, Ft. Worth, Tex., of counsel.

Before MARKEY and RADER, Circuit Judges, and COWEN, Senior Circuit Judge.

RADER, Circuit Judge.

Servidone Construction Corporation (Servidone) encountered unexpected site conditions when building an earthen dam for the United States Army Corps of Engineers (the Corps). The United States Claims Court held the Corps liable for increased costs caused by site conditions. Servidone Constr. Corp. v. United States, 19 Cl.Ct. 346 (1990). This court affirms.

BACKGROUND

The Claims...

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