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HARRISON ENGINEERING & CONSTRUCTION CORPORATION v. VINCENNES BRIDGE CO.

No. 3900.

22 F.2d 802 (1927)

HARRISON ENGINEERING & CONSTRUCTION CORPORATION et al. v. VINCENNES BRIDGE CO.

Circuit Court of Appeals, Seventh Circuit.

November 28, 1927.

Attorney(s) appearing for the Case

Frederick Van Nuys and Julian C. Ralston, both of Indianapolis, Ind., for plaintiffs in error.

Seymour Riddle, of Vincennes, Ind., for defendant in error.

Before ALSCHULER, PAGE, and ANDERSON, Circuit Judges.

ANDERSON, Circuit Judge.

The defendant in error brought its action in the court below against plaintiffs in error to recover a balance alleged to be due upon a contract. The cause was put at issue, and when it came on for trial the parties orally agreed to waive jury trial and to submit the cause "to the court for trial, finding and judgment without the intervention of a jury." At the same time plaintiffs in error requested the court to find the facts specially and...

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