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CITY OF GAINESVILLE v. BROWN-CRUMMER INV. CO.

No. 4861.

20 F.2d 497 (1927)

CITY OF GAINESVILLE v. BROWN-CRUMMER INV. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

July 6, 1927.

Attorney(s) appearing for the Case

W. O. Davis, of Gainesville, Tex. (Cecil Murphy, of Gainesville, Tex., on the brief), for plaintiff in error.

Alex F. Weisberg, of Dallas, Tex. (Elcock & Martin, of Wichita, Kan., and Thompson, Knight, Baker & Harris, of Dallas, Tex., on the brief), for defendant in error Brown-Crummer Inv. Co.

F. C. Dillard, of Sherman, Tex. (Head, Dillard, Smith, Maxey & Head, of Sherman, Tex., on the brief), for defendant in error Head.

John T. Suggs, of Denison, Tex., for defendant in error Southern Surety Co.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

The pleadings in this case are too voluminous to be briefly stated. The record is not as clear as it might be, but the case shown without serious dispute may be summarized as follows:

In November, 1919, the city of Gainesville, Tex., hereafter referred to as the city, entered into a contract with the Southern Construction Company, hereafter called the contractor, a partnership composed of Harry D. Levy and Lester Levy, for certain paving...

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