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POTTS v. CITY OF UTICA

No. 81.

86 F.2d 616 (1936)

POTTS v. CITY OF UTICA.

Circuit Court of Appeals, Second Circuit.

November 30, 1936.

Attorney(s) appearing for the Case

Bartle Gorman, Corp. Counsel, of Utica, N. Y., and M. Francis Malone, Asst. Corp. Counsel, of Utica, N. Y., for defendant-appellant.

White & Case, of New York City (David Paine and Henry M. Marx, both of New York City, of counsel), for plaintiff-appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

In an action at law tried to a jury in the District Court for the Northern District of New York, a verdict for the plaintiff was returned on which judgment was entered for $39,732.27 and costs, and the defendant has appealed. This was the remainder found due the plaintiff for services and disbursements under a contract to perform professional work for the defendant as an engineer under the circumstances about to be stated. Diversity of citizenship...

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