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McCULLOUGH v. CLINCH-MITCHELL CONST. CO.

No. 9810.

71 F.2d 17 (1934)

McCULLOUGH et al. v. CLINCH-MITCHELL CONST. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 22, 1934.

Attorney(s) appearing for the Case

Montreville J. Brown, of St. Paul, Minn. (William H. Oppenheimer, of St. Paul, Minn., and Price Wickersham, of Kansas City, Mo., on the brief), for appellants.

E. H. McVey, of Kansas City, Mo. (Addison L. Gardner, Jr., of Chicago, Ill., and C. A. Randolph, of Kansas City, Mo., on the brief), for appellee.

Before STONE and SANBORN, Circuit Judges, and WYMAN, District Judge.

STONE, Circuit Judge.

Appellee had a general contract with the St. Paul & Kansas City Short Line Railroad Company for the grading of a number of miles for new trackage. It made a subcontract with appellants for the doing of this work over a portion of this mileage. Under this contract appellants worked from July 1, 1929, until January 29, 1930, during which time a portion of the work covered by the subcontract was done. For several months before the latter date...

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