Hagerman v. United States

KERR, District Judge.

Earl W. Hagerman, doing business as Hagerman Construction, brings this suit against the United States of America under the Tucker Act, 28 U.S.C.A. § 1346 (a) (2), for damages arising from an alleged breach of contract by the defendant. The defendant has filed an answer and subsequent thereto filed a motion for summary judgment, urging that the case falls clearly within the rule announced by the Supreme Court of the United States in United States v. Howard P. Foley Co., 329 U.S. 64, 67 S.Ct. 154, 91 L.Ed. 44; H. E. Crook Company v. United States, 270 U.S. 4, 46 S.Ct. 184,…