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VILLAGE OF OSHKOSH v. FAIRBANKS, MORSE & CO.

Nos. 6894, 6895.

8 F.2d 329 (1925)

VILLAGE OF OSHKOSH v. FAIRBANKS, MORSE & CO. SAME v. McGRAW CO.

Circuit Court of Appeals, Eighth Circuit.

September 14, 1925.

Attorney(s) appearing for the Case

F. A. Dutton, of Oshkosh, Neb., and T. F. Hamer, of Kearney, Neb. (W. V. Hoagland and E. E. Carr, both of North Platte, Neb., and Thomas W. Bockes, of Omaha, Neb., on the brief), for plaintiff in error.

J. J. Halligan, of North Platte, Neb., and Carl E. Herring, of Omaha, Neb. (R. H. Beatty, of Brady, Neb., and Victor Halligan, of North Platte, Neb., on the brief), for defendants in error.

Before LEWIS and BOOTH, Circuit Judges, and PHILLIPS, District Judge.

LEWIS, Circuit Judge.

Defendants in error recovered judgments for machinery and material furnished by them respectively to plaintiff in error which went into the construction of its municipal water-works plant and its electric lighting plant. Since the plants were completed the village has been operating them for municipal purposes and to supply the needs of its inhabitants, but it now says it was without power to make the purchases of defendants in error, that those...

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