Legal Opinion

D. R. Smalley & Sons, Inc. v. The United States

United States Court of Claims

Decided February 17, 1967No. 422-65PublishedCited by 93 opinions

1Opinion of the Court

SKELTON, Judge.

The plaintiff, an Ohio Corporation engaged in the highway construction business, sued defendant for damages in the sum of $6,000,000 in connection with six contracts executed in 1956 and 1957 for the building of certain Federal-Aid Highway projects in the State of Ohio.

In two of the contracts the plaintiff was the principal contractor, and in the other four it was a subcontractor under Maxon Construction Company, Inc., the principal contractor, who is not a party to this suit. The State of Ohio was the other contracting party in all of the contracts. The United States was not a…

2Cases cited5 opinions

  1. Horowitz v. United StatesSupreme Court of the United States · 1925
  2. Jones v. United StatesUnited States Court of Claims · 1865
  3. Leopold W. Mahler and Helen E. Mahler, His Wife, and Bertha Ebertsheim v. United StatesCourt of Appeals for the Third Circuit · 1962
  4. Eden Memorial Park Association v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  5. Biggs Rental Co. v. United StatesUnited States Court of Claims · 1965

3Cited by93 opinions

  1. Housing Corp. of America v. United StatesUnited States Court of Claims · 1972
  2. Aetna Casualty & Surety Co. v. United StatesUnited States Court of Claims · 1981
  3. Porter v. United StatesUnited States Court of Claims · 1974
  4. B & G Enterprises, Ltd. v. United StatesCourt of Appeals for the Federal Circuit · 2000
  5. Butz Engineering Corp. v. United StatesUnited States Court of Claims · 1974

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