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ECLIPSE LUMBER CO. v. IOWA LOAN & TRUST CO.

No. 8456.

38 F.2d 608 (1930)

ECLIPSE LUMBER CO. v. IOWA LOAN & TRUST CO. et al.

Circuit Court of Appeals, Eighth Circuit.

January 18, 1930.

Attorney(s) appearing for the Case

E. L. Miller, of Clinton, Iowa, for appellant.

William E. Miller, of Des Moines, Iowa, for appellee Iowa Loan & Trust Co.

William M. McLaughlin and William E. Miller, both of Des Moines, Iowa, for appellee Southern Surety Co.

W. A. Smith and F. A. O'Connor, both of Dubuque, Iowa, for appellee City of Waukon.

Before BOOTH, Circuit Judge, and SANBORN and DEWEY, District Judges.

SANBORN, District Judge.

The City of Waukon, Iowa, in July, 1922, contracted with Thomas Carey & Sons for the construction of public improvements. The Eclipse Lumber Company furnished material to the contractor. The work was completed November 30, 1923, and accepted by the city December 14, 1923. At that time there was due the Lumber Company, for materials furnished, $11,462.15 with interest, no part of which has been paid.

Section 3102, 1897 Code of Iowa...

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