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R. W. & M. F. ROSE CO. v. MARVIN

No. 3663.

23 F.2d 842 (1928)

R. W. & M. F. ROSE CO. v. MARVIN. In re HUGHES.

Circuit Court of Appeals, Third Circuit.

January 16, 1928.

Attorney(s) appearing for the Case

David Cameron, of Wellsboro, Pa., for appellant.

Frank H. Rockwell, Crichton & Orvlett, and Rockwell & Rockwell, all of Wellsboro, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case concerns a fund arising from damages to a landowner caused by the construction of a county road through his premises. The pertinent facts are these: Prior to March 10, 1925, Hughes, the landowner, presented his claim for damages and the matter was so prosecuted by him in an action at law against the county that subsequently he recovered a judgment for some $900. On May 4, 1926, the county paid the balance of said judgment over...

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