J. B. McCRARY ENGINEERING CO. v. WHITE COAL POWER CO.

No. 2853.

35 F.2d 142 (1929)

J. B. McCRARY ENGINEERING CO. et al. v. WHITE COAL POWER CO. et al.

Circuit Court of Appeals, Fourth Circuit.

October 15, 1929.


Attorney(s) appearing for the Case

J. G. Merrimon, of Asheville, N. C. (Merrimon, Adams & Adams, of Asheville, N. C., on the brief), for appellant J. B. McCrary Engineering Co.

A. Hall Johnston, of Asheville, N. C. (R. E. Finch, of Black Mountain, N. C., on the brief), for appellant Town of Black Mountain.

Joseph F. Ford and Frank Carter, both of Asheville, N. C. (Lee, Ford & Coxe, of Asheville, N. C., and Carter & Carter, of Mt. Airy, N. C., on the brief), for appellees.

Before PARKER, Circuit Judge, and SOPER and HAYES, District Judges.


HAYES, District Judge.

J. B. McCrary Engineering Company, pursuant to a contract with the town of Black Mountain, N. C., was engaged in erecting a concrete dam for it on its premises in Dunsmore Cove, for the purpose of supplying the town with water for its inhabitants, as well as citizens outside the corporate limits. The town charges its customers for the water. The premises of the town had been thoroughly cleaned off by the engineering company and the pouring of...

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