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GARDNER v. CITY OF DALLAS

No. 7721.

81 F.2d 425 (1936)

GARDNER v. CITY OF DALLAS.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 26, 1936.

Attorney(s) appearing for the Case

Alex F. Weisberg and Geo. S. Wright, both of Dallas, Tex., and Tarlton Morrow, of Wichita Falls, Tex., for appellant.

H. P. Kucera and Hugh S. Grady, both of Dallas, Tex., for appellee.

Before FOSTER, Circuit Judge, and DAWKINS and STRUM, District Judges.

STRUM, District Judge.

Appellant sues for the alleged breach of a garbage disposal contract between the city of Dallas and Edwin Carewe. Demurrer was sustained to plaintiff's petition. Plaintiff declining to amend, final judgment was entered against him, from which he appeals.

By the contract sued on the city granted Carewe, for a period of fifteen years, the exclusive privilege of "buying from the city" all wet garbage collected by the city, to be processed...

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