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PASSAIC VALLEY SEWERAGE COM'RS v. TIERNEY

No. 2936.

1 F.2d 304 (1924)

PASSAIC VALLEY SEWERAGE COM'RS v. TIERNEY.

Circuit Court of Appeals, Third Circuit.

September 18, 1924.

Attorney(s) appearing for the Case

Riker & Riker, of Newark, N. J. (Adrian Riker, John R. Hardin, and Shelton Pitney, all of Newark, N. J., of counsel), for plaintiff in error.

Griggs & Harding, of Paterson, N. J. (John W. Griggs and John W. Harding, both of Paterson, N. J., and Richard E. Dwight and Oscar R. Ewing, both of New York City, of counsel), for defendant in error.

Before BUFFINGTON and DAVIS, Circuit Judges, and McKEEHAN, District Judge.

McKEEHAN, District Judge.

On December 6, 1913, John C. Tierney and the Passaic Valley sewerage commissioners entered into a written contract under which Tierney agreed to construct what was known as section 1 of the Passaic Valley sewerage works, the work consisting of manufacturing and laying 4,500 feet of concrete pipe in New York Bay, for the purpose of discharging into that bay the sewage from the Passaic Valley. There were to be two parallel lines of 96-inch...

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