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CITY OF ST. PETERSBURG v. MEYERS

No. 6337.

55 F.2d 810 (1932)

CITY OF ST. PETERSBURG v. MEYERS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 4, 1932.

Attorney(s) appearing for the Case

Fred T. Saussy, of Tampa, Fla., and Raney H. Martin, of St. Petersburg, Fla., for appellant.

James R. Bussey, Sam H. Mann, Jr., and McKinney Barton, all of St. Petersburg, Fla., and Chas. D. Gould, of West Palm Beach, Fla., for appellee.

Before BRYAN, SIBLEY, and WALKER, Circuit Judges.

SIBLEY, Circuit Judge.

This appeal results from the instruction of a verdict against the city of St. Petersburg, Fla., in favor of Henry Meyers for a balance claimed under a contract to improve the city's waterfront. The errors assigned relate to striking on demurrer certain pleas of the city, the rejection of evidence offered by it, and the instruction of the verdict. Meyers sued in three counts: The first a special count on his written contract alleging performance...

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