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SCHOOL DISTRICT NO. 1, CITY OF PLATTSMOUTH, NEBRASKA v. POMERENE

No. 6699.

5 F.2d 1021 (1925)

SCHOOL DISTRICT NO. 1, CITY OF PLATTSMOUTH, NEBRASKA, Plaintiff in Error, v. Margaret E. POMERENE, Administratrix of the Estate of Louis W. Pomerene, Deceased, Defendant in Error.

Circuit Court of Appeals, Eighth Circuit.

April 13, 1925.

Attorney(s) appearing for the Case

W. T. Thompson, of Lincoln, Neb., and C. A. Rawls, of Plattsmouth, Neb., for plaintiff in error.

Charles F. McLaughlin, of Omaha, Neb., and Lloyd Dort, of Lincoln, Neb. (Kennedy, Holland, De Lecy & McLaughlin, of Omaha, Neb., Dort, Cain & Witte, of Lincoln, Neb., and J. C. Dort, of Pawnee City, Neb., on the brief), for defendant in error.

Before STONE and LEWIS, Circuit Judges, and SCOTT, District Judge.

STONE, Circuit Judge.

This is an action by a contractor against a school district for money due for installation of a heating plant. The facts are fully stated in the opinion of Judge Lewis upon the previous writ of error to this court. 288 F. 145. The trial court directed a verdict for the contractor, on the ground that the issues and evidence at the second trial were substantially those at the former trial and that the case was ruled by the opinion of Judge Lewis...

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