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CITY OF BELTON v. OMAHA TRUST CO.

No. 4717.

17 F.2d 90 (1927)

CITY OF BELTON v. OMAHA TRUST CO.

Circuit Court of Appeals, Fifth Circuit.

January 26, 1927.

Attorney(s) appearing for the Case

W. W. Naman, of Waco, Tex., and Clem C. Countess, of Belton, Tex. (Spell, Naman & Penland, of Waco, Tex., on the brief), for appellant.

John Maxwell, of Waco, Tex., and W. P. Dumas, of Dallas, Tex., for appellee.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

PER CURIAM.

The Omaha Trust Company, as owner of 18 paving warrants, of the denomination of $500 each, issued by the city of Belton, brought suit to recover $1,000, the face value of the only two warrants past due, $780 past-due interest on the remaining warrants, which had not matured, and an attorney's fee of 10 per cent. on those amounts. Plaintiff's demand in the aggregate amounted to $2,177.83, for which sum judgment was entered. His petition, however, sought...

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