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CITY OF FT. PIERCE v. SCOFIELD ENGINEERING CO.

No. 6346.

57 F.2d 1026 (1932)

CITY OF FT. PIERCE v. SCOFIELD ENGINEERING CO.

Circuit Court of Appeals, Fifth Circuit.

April 14, 1932.

Attorney(s) appearing for the Case

Alto Adams and G. R. Nottingham, both of Ft. Pierce, Fla., for appellant.

P. H. Odom, of Jacksonville, Fla., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

The city of Fort Pierce comes here complaining of the action of the District Court in overruling its demurrer to plaintiff's declaration, and in thereafter denying its motion for a directed verdict. As to the declaration and the proof the same insufficiencies are relied on. These are: That though the suit is one upon contract against a municipality, the declaration does not allege, nor does the proof...

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