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MODJESKI v. BERTELSEN

No. 2893.

71 F.2d 92 (1934)

MODJESKI v. BERTELSEN et al.

Circuit Court of Appeals, First Circuit.

May 18, 1934.

Attorney(s) appearing for the Case

Richard Wait, of Boston, Mass. (Bailey Aldrich, of Boston, Mass., on the brief), for appellant.

S. E. Gifford, of Boston, Mass., for appellees.

Before BINGHAM, WILSON, and MORTON, Circuit Judges.

BINGHAM, Circuit Judge.

This is an action of contract brought by the plaintiff, an engineer, against seven individuals, all residents of Massachusetts, the incorporators of the Boston & North Shore Improvement Association, Inc., to recover a fee for preparing a report on a proposed bridge. One of the defendants defaulted, another became bankrupt. The suit went to trial against the remaining five. After trial and before judgment was entered, the plaintiff discontinued...

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