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CITY OF WHEELING v. JOHN F. CASEY CO.

No. 3695.

74 F.2d 794 (1935)

CITY OF WHEELING v. JOHN F. CASEY CO.

Circuit Court of Appeals, Fourth Circuit.

January 8, 1935.

Attorney(s) appearing for the Case

Carl O. Schmidt and Howard D. Matthews, both of Wheeling, W. Va. (P. J.

McGinley, Wright Hugus, G. Alan Garden, and Lester C. Hess, all of Wheeling, W. Va., on the brief), for appellant.

James B. Riley and Robert J. Riley, both of Wheeling, W. Va. (T. S. Riley, of Wheeling, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

NORTHCOTT, Circuit Judge.

An action of trespass on the case in assumpsit, for damages in the sum of $160,000, was instituted in the District Court of the United States for the Northern District of West Virginia by John F. Casey Company, a Pennsylvania corporation, appellee herein, and hereinafter referred to as Casey Company, against the city of Wheeling, a municipal corporation of West Virginia, appellant herein, and hereinafter referred to as the city.

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