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POTTS v. VILLAGE OF HAVERSTRAW

No. 442.

79 F.2d 102 (1935)

POTTS v. VILLAGE OF HAVERSTRAW.

Circuit Court of Appeals, Second Circuit.

July 22, 1935.

Attorney(s) appearing for the Case

Ernest W. Hofstatter, of Nyack, N. Y. (Monroe J. Cahn, of White Plains, N. Y., and Humphrey J. Lynch, of New York City, of counsel), for appellant.

Clark, Sickels & Barton, of New York City (Arthur L. Barton, of New York City, of counsel), for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff, a civil engineer, skilled in designing and building municipal waterworks, sued the village of Haverstraw, New York, upon a contract made by its board of trustees employing him to design and supervise the construction of a system of waterworks for the village. Under the New York law (sections 520-529, N. Y. Conservation Law [Consol. Laws, c. 65]), the village must get the approval of the Water Power and Control Commission of the...

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