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McKENZIE-HAGUE CO. v. CARBIDE & CARBON CHEMICALS CORP.

No. 9927.

73 F.2d 78 (1934)

McKENZIE-HAGUE CO. v. CARBIDE & CARBON CHEMICALS CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

October 3, 1934.

Attorney(s) appearing for the Case

Gordon Cain and H. W. Volk, both of Minneapolis, Minn. (Drew & Cain, of Minneapolis, Minn., on the brief), for appellant.

Claude G. Krause, of Minneapolis, Minn. (Cobb, Hoke, Benson, Krause & Faegre, of Minneapolis, Minn., on the brief), for appellee.

Before BOOTH, Circuit Judge, and MUNGER and BELL, District Judges.

BOOTH, Circuit Judge.

This is an appeal from a judgment on the pleadings in an action for damages brought by the McKenzie-Hague Company against appellee.

For convenience, the parties will be referred to as plaintiff and defendant, as in the court below.

The action may be classified as an action for deceit. It arises out of certain contracts under which plaintiff performed work for defendant in the way of dredging...

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