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H. W. NELSON CO. v. GRAND TRUNK WESTERN R. CO.

No. 6730.

80 F.2d 986 (1935)

H. W. NELSON CO., Inc., v. GRAND TRUNK WESTERN R. CO. et al.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied December 9, 1935.

Attorney(s) appearing for the Case

J. H. Clark, of Detroit, Mich., and Newton D. Baker, of Cleveland, Ohio (Clark, Klein, Ferris & Cook, of Detroit, Mich., on the brief), for appellant.

John J. Gafill and H. V. Spike, both of Detroit, Mich., for appellee.

Before HICKS and ALLEN, Circuit Judges, and NEVIN, District Judge.

HICKS, Circuit Judge.

Appeal from an order dismissing the action.

Appellant, a general contractor, brought suit against appellee, successor to Detroit, Grand Haven & Milwaukee Railway Company, for damages resulting from inability to proceed with the construction of a railroad grade it had contracted to build, due to appellee's delay in acquiring full title to the right of way, and to its misrepresentations to appellant as to the state of its title. The...

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