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BULLOCK v. UNITED STATES

December 12, 1964

Floyd D. Bullock, et ux. and William Gary, et ux., Plaintiffs
v.
United States of America, Defendant


Powell, District Judge.


The opinion of the court was delivered by: POWELL

This is an action by the two plaintiffs for the sum of $1189.55. It is alleged that the action is brought under Title 28, U.S.C.A. § 1346(a)(1). It was decided when the pretrial order and the briefs of the parties were filed that the action is brought under Section 1346(a)(2). It is a contract proceeding under the Tucker Act.

 The plaintiffs, Floyd D. Bullock and wife, and William Gary and wife, were on or about January 1, 1963 engaged in the business of rendering janitorial service under the name of B & G Janitorial Service. About that same time an individual named Frank F. Fletcher was engaged in performing janitorial service under the name of Everclean Janitorial Service. A contract was awarded at Fairchild Air Force Base to Frank Fletcher to perform such services from January 1, 1963 through June 30, 1963 for a fixed sum.

 About that time Frank Fletcher and plaintiffs entered into a written agreement purporting to assign the Fairchild contract to Bullock and Gary, dba B & G Janitorial Service. The purported assignment is as follows:

 "1 January 1963

 Spokane, Washington

 "SUBJECT: Contract Release Agreement by Mr. Frank Fletcher

 "TO: To Whom It May Concern

 "On the 26th day of December 1962, Mr. Frank Fletcher, owner and operator of Everclean Janitoral Service, made the following agreement.

 "Releasing all rights, privileges and responsibility in association with contract now held with the Government, Fairchild Air Force Base, Washington. Contract being janitor service at the Base Hospital and Dental buildings, which commenced on the 1st day of January 1963.

 "Present contract and any future contracts for said buildings are hereby released by Mr. Frank Fletcher to B and G Janitoral Service, owned and operated by Mr. Floyd Bullock and Rev. William Gary.

 "Mr. Frank Fletcher will be responsible for all debts credited and/or other duties to Everclean Janitoral Service prior to 1 January 1963.

 "Wages for above services will continue in the name (only) of Everclean Janitoral Service, all rights of which have been released to B and G Janitoral Service; Mr. Floyd Bullock and Rev. ...


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