WOODS BROS. CONST. CO. v. YANKTON COUNTY, S. D.

No. 7745.

21 F.2d 267 (1927)

WOODS BROS. CONST. CO. Inc., v. YANKTON COUNTY, S. D.

Circuit Court of Appeals, Eighth Circuit.

August 6, 1927.


Attorney(s) appearing for the Case

John J. Hess, of Council Bluffs, Iowa, and E. E. Wagner, of Mitchell, S. D., for plaintiff in error.

Harold A. Doyle and Eldon W. Clark, both of Yankton, S. D., for defendant in error.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.


JOHN B. SANBORN, District Judge.

In November, 1925, Woods Bros. Construction Company, plaintiff in the court below, brought suit against Yankton county, S. D., and the board of county commissioners of Yankton county for a balance claimed to be due upon a contract for the construction of current retards in the Missouri river, seeking a judgment against the county, and its enforcement by mandamus. The county demurred to the complaint on the ground that it was not a...

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