TRIEBER, District Judge.
The three appeals were heard together on one record. This is the second appeal of this cause. The opinion in the former appeal will be found in 291 Fed. 532, where the facts are set out, and need not be again stated in this opinion, except as to the proceedings after the mandate from this court on the former appeal.
The decree from which the first appeal was taken found the contractor M. M. Elkan liable for the cost of the construction...
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