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JOSEPH MIELE CONST. CO. v. CITY OF NIAGARA FALLS

21 F.Supp. 442 (1937)

JOSEPH MIELE CONST. CO., Inc., v. CITY OF NIAGARA FALLS.

District Court, W. D. New York.

November 18, 1937.

Attorney(s) appearing for the Case

Ernest W. Arlt, of New York City (Frederick W. Newton, of New York City, of counsel), for plaintiff.

J. William O'Brien, Corp. Counsel, of Niagara Falls, N. Y., for defendant.

KNIGHT, District Judge.

On February 21, 1936, the defendant, City of Niagara Falls, and Di Marco & Ciccone, Inc., both corporations of the State of New York, entered into a contract for the construction of certain sewers in the City of Niagara Falls, in this district. On the same day Di Marco & Ciccone, Inc., entered into an agreement in writing, in which it is recited that it "sold, assigned, transferred and set over * * * unto Joseph Miele Construction Co...

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