Brown & Root, Inc. v. United States

JONES, Chief Judge.

Plaintiff sues to recover $3,000 which the defendant is said to have improperly withheld from the final payment on a contract between the parties for the construction of a 16-mile water pipeline during 1943. This sum was retained by defendant on the ground that it was required to pay the claims of certain owners of property adjacent to the pipeline for injuries caused by plaintiff. The nature of the case requires a rather full statement of the facts.

Plaintiff is a Texas corporation engaged in the business of general construction contracting. By contract dated June 29, 1943,…