TOWN OF BOYNTON v. WHITE CONST. CO.

No. 6663.

64 F.2d 190 (1933)

TOWN OF BOYNTON v. WHITE CONST. CO.

Circuit Court of Appeals, Fifth Circuit.

April 1, 1933.


Attorney(s) appearing for the Case

M. D. Carmichael, Edwin T. Osteen, J. Stockton Bryan, and R. K. Lewis, all of West Palm Beach, Fla., and George T. Clark and Thomas J. Ellis, both of Miami, Fla., for appellant.

Giles J. Patterson, of Jacksonville, Fla., for appellee.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

Appellant suffered a judgment in a law action to go against it by default. Some eleven months afterwards it brought this action on the equity side of the same court to set that judgment aside for fraud. The bill set out the making of a contract for the construction of street improvements and the making of those improvements; that, as the result of the fraudulent collusion of the engineer and the town council with the contractor, a change...

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