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U.S. v. BARKER

Nos. 89-10105, 89-10228.

930 F.2d 1408 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth BARKER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 17, 1991.

Attorney(s) appearing for the Case

Charles Morgan, San Francisco, Cal., for defendant-appellant.

Daniel S. Linhardt, Asst. U.S. Atty., Sacramento, Cal., for plaintiff-appellee.

Before CANBY, NOONAN and RYMER, Circuit Judges.

CANBY, Circuit Judge:

Kenneth Barker was president and general manager of Lionsgate Corporation, a family construction business. The Army Corps of Engineers contracted with Lionsgate to construct a quarter mile concrete channel for flood control purposes. Lionsgate performed work beyond the scope of the contract because of changed site conditions, design errors, and changes in government plans. Barker submitted 74 claims to the government for claimed extra costs....

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