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BOARD OF PUBLIC INSTRUCTION v. LEXINGTON CO.

No. 8222.

90 F.2d 83 (1937)

BOARD OF PUBLIC INSTRUCTION OF MANATEE COUNTY, FLA., v. LEXINGTON CO. OF AMERICA.

Circuit Court of Appeals, Fifth Circuit.

July 22, 1937.

Attorney(s) appearing for the Case

Jno. B. Singeltary and Hubert Blakey, both of Bradenton, Fla., for appellant.

R. E. Kurtz, of Fort Myers, Fla., for appellee.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

Appellee filed this suit to recover on certain warrants issued by appellant, hereafter referred to as the Board. A general demurrer was overruled and defendant was granted time to plead further, which was not done. In due course final judgment was entered on the pleadings. Error is assigned to the overruling of the demurrer and the entering of judgment.

The declaration alleges, in substance, that under a resolution of the Board, 80 warrants...

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