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CITY OF WINNER, S. D. v. KELLEY

No. 9718.

65 F.2d 955 (1933)

CITY OF WINNER, S. D., v. KELLEY.

Circuit Court of Appeals, Eighth Circuit.

June 29, 1933.

Attorney(s) appearing for the Case

Byron S. Payne, of Pierre, S. D. (Don G. Grieves, of Winner, S. D., and John Sutherland and Otto B. Linstad, both of Pierre, S. D., on the brief), for appellant.

Howard G. Fuller, of Fargo, N. D. (Lawrence, Murphy, Fuller & Powers, of Fargo, N. D., on the brief), for appellee.

Before STONE and WOODROUGH, Circuit Judges, and MUNGER, District Judge.

WOODROUGH, Circuit Judge.

This is an action for damages against the city of Winner, S. D., brought by the owner of three $1,000 unpaid 6 per cent. paving bonds, issued by the city in 1922. A jury trial was waived, and the case was heard upon a stipulation of facts. The court made findings of fact in accordance with the stipulation, and rendered judgment for damages for the bondholder against the city, in an amount equal to the face of the bonds with interest. The...

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