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WOODS BROS. CONST. CO. v. YANKTON COUNTY, S. D.

No. 9160.

54 F.2d 304 (1931)

WOODS BROS. CONST. CO., Inc., v. YANKTON COUNTY, S. D., et al.

Circuit Court of Appeals, Eighth Circuit.

November 21, 1931.

Attorney(s) appearing for the Case

John J. Hess, of Council Bluffs, Iowa (E. E. Wagner and Florence Ryan Foss, both of Mitchell, S. D., on the brief), for appellant.

Eldon W. Clark, of Yankton, S. D. (Lee H. Cope, of Yankton, S. D., on the brief), for appellees.

Before KENYON and GARDNER, Circuit Judges, and REEVES, District Judge.

KENYON, Circuit Judge.

This is an appeal from an order of the United States District Court of South Dakota of December 8, 1930, vacating a judgment entered in said court March 22, 1929, in favor of appellant in the sum of $23,700 in an action brought by appellant against appellees to recover compensation for certain work in a bank protection project along the Missouri river in Yankton county, S.D. The contract under which the work was done and the liability to appellant...

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