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BARNETT v. WEST CONST. CO.

No. 7201.

69 F.2d 266 (1934)

BARNETT et al. v. WEST CONST. CO.

Circuit Court of Appeals, Fifth Circuit.

March 8, 1934.

Attorney(s) appearing for the Case

Herbert S. Phillips, of Tampa, Fla., for appellants.

A. G. Turner, of Tampa, Fla., and Vaughn Miller, of Chattanooga, Tenn., for appellee.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

Alleging that sums paid to defendant for income tax purposes, under clause 221 of a working agreement they had, had been diverted from that purpose and converted by defendant to its own use, plaintiffs brought this suit for an accounting.

The defense was no diversion. Specifically, it was asserted that the moneys had been received and applied by defendant as agreed, both when the profit sharing contract...

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