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THEATRE REALTY CO. v. ARONBERG-FRIED CO.

No. 10439.

85 F.2d 383 (1936)

THEATRE REALTY CO. et al. v. ARONBERG-FRIED CO., Inc.

Circuit Court of Appeals, Eighth Circuit.

August 31, 1936.

Attorney(s) appearing for the Case

William O'Herin, of St. Louis, Mo. (Guy A. Thompson, Rhodes E. Cave, John S. Leahy, Harold F. Hecker, Bryan, Williams, Cave & McPheeters, and Leahy, Walther, Hecker & Ely, all of St. Louis, Mo., on the brief), for appellants.

Fred L. English, of St. Louis, Mo. (Fred L. Williams and Earl F. Nelson, both of St. Louis, Mo., and Lewis Hord Cook, of Jefferson City, Mo., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is a suit in equity by a contractor for the specific performance of a building contract, to recover a balance of $7,058.77 of the contract price, and to subject to the payment of such balance a trust fund in the possession of the St. Louis Union Trust Company. There was a judgment and decree for the plaintiff, Aronberg-Fried Company, Inc. The case is here on a joint appeal by the defendants Theatre Realty Company, St. Louis Union Trust...

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