Court of Appeals for the Eighth Circuit October 22, 1987, No. 86-2415 (McCarthy Bros. Construction Co. v. Pierce)

WOLLMAN, Circuit Judge.

McCarthy Brothers Construction Company appeals from a district court1 judgment that denied its claim for an incentive fee under a construction contract and granted the counterclaim of National Church Residences of St. Charles, Missouri, for overpayment on that contract, 626 F.Supp. 981. We affirm.

I

On September 29, 1981, National Church Residences of St.