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LINDE DREDGING CO. v. SOUTHWEST L. E. MYERS CO.

No. 6995.

67 F.2d 969 (1933)

LINDE DREDGING CO. v. SOUTHWEST L. E. MYERS CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 11, 1933.

Attorney(s) appearing for the Case

Brantly Harris and David Watkins, both of Galveston, Tex., for appellant.

Clyde A. Sweeton and Thomas Fletcher, both of Houston, Tex., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Appellant, a subcontractor on the Copano Bay highway project, brought this suit against appellees, the contractors, to obtain payment for material its dredge had pumped onto an embankment in excess of the amount estimated by the state engineers, and paid for by the highway commission of Texas.

Neither in the pleadings nor in the course of any of the proceedings in the lower court was any claim...

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