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Southwest (P) entered into four contracts to construct radio facilities for the United States (D). Each of the contracts fixed a completion date and provided for liquidated damages on a per diem basis of $100 per day on one project and $50 per day on the other three. All four projects were finished late. The parties stipulated that even though late, D suffered no actual damages on any project. P sued D to recover holdbacks totaling $8,300. D moved for summary judgment, and it was granted. P appealed.

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