
    L. P. AND J. A. SMITH v. THE UNITED STATES.
    
    [No. 23013.
    Decided December 13, 1920.]
    
      The Reporter’s statement of the case:
    This cause having been submitted to the court upon the mandate of the Supreme Court of the United States, the court makes the following findings of fact additional to those found in 54 C. Cls., 119:
    I. No officer or officers of the United States other than Col. George J. Lydeclcer insisted that all the material or materials to be removed from Upper Bock Shoal, Lower Bock Shoal, Middle Bock Shoal, Hackett Bock Shoal, and Bar Bock Shoal was clay, sand, gravel, and bowlders.
    II. No other officer or officers of the United States than Col. George J. Lydeclcer told L. P. and J. A. Smith that if they did not remove material, which material was not in fact the material specified under the contract, then they would be declared defaulting contractors; that the work would be taken from them; that the same would be done and charged to them, and that it would be paid for from retained percentages in the hands of the defendant due them for work already performed under their contract.
    III. Charles Y. Dixon, Assistant United States engineer, Harry Hodgman, United States engineer, subinspector, and Col. George J. Lydecker, Corps of Engineers, United States Army, in charge of the work being done by plaintiffs from June 25 to October 19,1897, insisted upon locating for L. P. and J. A. Smith the points where dredging was to be done.
    
      
       Affirmed, 256 U. S., 11.
    
     