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BAY CITY v. FRAZIER

No. 6645.

77 F.2d 570 (1935)

BAY CITY v. FRAZIER.

Circuit Court of Appeals, Sixth Circuit.

May 10, 1935.

Attorney(s) appearing for the Case

A. W. Black and J. L. McCormick, both of Bay City, Mich., for appellant.

Edward S. Clark, of Bay City, Mich. (Clark & Henry, of Bay City, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

The appellee, assignee of an engineering contract entered into between the Frazier-Ellms-Sheal Company and the appellant, the City of Bay City, Michigan, brought suit against the city upon two counts, one in quantum meruit, and the other for breach of contract. A jury trial was waived in writing, and the District Court rendered judgment for the appellee for $42,865.69.

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