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SPENCER, WHITE & PRENTIS v. UNITED ENGINEERS & CONST.

No. 5172.

68 F.2d 565 (1934)

SPENCER, WHITE & PRENTIS, Inc., v. UNITED ENGINEERS & CONSTRUCTORS, Inc.

Circuit Court of Appeals, Third Circuit.

January 3, 1934.

Attorney(s) appearing for the Case

John D. Craven, of Jersey City, N. J. (Edgar A. B. Spencer, of New York City, of counsel), for appellant.

Henry H. Fryling, of Newark, N. J. (William H. Speer and Henry J. Sorenson, both of Newark, N. J., of counsel), for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the appellant brought suit to recover an alleged balance on a construction contract. The case was tried by a jury, and the court, on April 10, 1933, entered of record as follows:

"This case was tried before his Honor William Clark, District Judge, to whom the said cause was duly referred for trial, with a jury, in the presence of the attorneys for the parties hereto, on March 30, April 4, 5, 6, 1933. After the...

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