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INDEPENDENT PAVING CO. v. CITY OF BAY ST. LOUIS, MISS.

No. 7568.

74 F.2d 961 (1935)

INDEPENDENT PAVING CO. v. CITY OF BAY ST. LOUIS, MISS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 15, 1935.

Attorney(s) appearing for the Case

W. E. Morse, of Jackson, Miss., and S. E. Morse and W. H. White, both of Gulfport, Miss., for appellant.

W. J. Gex, Sr., and Lucien M. Gex, both of Bay St. Louis, Miss., for appellee.

Before SIBLEY, HUTCHESON, and WALKER, Circuit Judges.

WALKER, Circuit Judge.

This was an action by the appellant against the appellee, the city of Bay St. Louis, a Mississippi municipal corporation, for the recovery of the amount of a balance, $7,005, and interest thereon, alleged to be due under a contract between the appellee and Dixie Asphalt Paving Company, whereby the latter agreed to pave named streets in said city, the right to which balance was alleged to have been assigned to the appellant by Dixie Asphalt Paving...

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