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CITY OF ORLANDO v. MURPHY

No. 7749.

77 F.2d 702 (1935)

CITY OF ORLANDO v. MURPHY et al.

Circuit Court of Appeals, Fifth Circuit.

May 21, 1935.

Attorney(s) appearing for the Case

G. P. Garrett and W. H. Poe, both of Orlando, Fla., for appellant.

Thos. B. Adams, of Jacksonville, Fla., and J. Thomas Gurney, of Orlando, Fla., for appellees.

Before BRYAN, SIBLEY, and HUTCHESON, Circuit Judges.

SIBLEY, Circuit Judge.

The city of Orlando on October 10, 1925, contracted with W. T. Murphy and J. E. Pryor as partners for the grading and paving of certain of its streets, the work to be done within two years. On July 14, 1932, Murphy, alleging a dissolution of the partnership by agreement in 1929 whereby he acquired all rights and interest in the contracts, sued the city of Orlando at common law, asserting that a balance...

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