Fritz-Rumer-Cooke Co. v. United States

BROOKS, District Judge.

This is an appeal from an order dismissing appellant’s complaint for failure to state a cause of action.

The complaint alleges that the appellant, the Fritz-Rumer-Cooke Company, entered into a contract with the Atomic Energy Commission through its agent, Goodyear Atomic Corporation, on behalf of the appellee, United States of America, covering the removal and loading of certain railroad tracks from the area around a gaseous diffusion plant near Waverly, Ohio, known as the Portsmouth Plant. The contract provided that the appellant contractor should complete his work by…