J. L. Simmons Company, Inc., a Corporation v. The United States

JONES, Chief Judge.

This suit is brought by the J. L. Simmons Co., Inc., in its own behalf as prime contractor and for the benefit of 12 of its subcontractors to recover additional costs and damages allegedly incurred as a result of defendant’s breach of a construction contract. Defendant has filed a motion for partial summary judgment aimed at dismissing plaintiff’s petition insofar as it represents claims in behalf of nine 1 of these subcontractors for failure to state a claim upon which relief can be granted.

The factual background giving rise to this suit may be briefly summarized for the…