ENGLISH v. HETHERINGTON & BERNER

No. 5098.

71 F.2d 613 (1934)

ENGLISH v. HETHERINGTON & BERNER, Inc.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied July 13, 1934.


Attorney(s) appearing for the Case

Henry I. Green, William G. Palmer, and Oris Barth, all of Urbana, Ill., for appellant.

Charles O. Roemler, of Indianapolis, Ind., and George F. Rearick and Francis G. Rearick, both of Danville, Ill., for appellee.

Before EVANS, SPARKS, and FITZ HENRY, Circuit Judges.


This action was instituted by appellee, a citizen of Indiana, against appellant, a citizen of Illinois, to recover damages for the alleged breach of a contract wherein it was agreed that appellee's assignor as a sub-contractor would furnish, and appellant would pay for, certain labor and material consisting of the fabrication and installation of the steel required in the erection of a court house at Kokomo, Howard County, Indiana.

The first count of the declaration...

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