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GRAY v. CITY OF SANTA FE, N. M.

No. 1474.

89 F.2d 406 (1937)

GRAY et al. v. CITY OF SANTA FE, N. M.

Circuit Court of Appeals, Tenth Circuit.

March 31, 1937.

Attorney(s) appearing for the Case

Myles P. Tallmadge, of Denver, Colo., for appellants.

C. R. McIntosh, of Santa Fe, N. M. (J. O. Seth, of Santa Fe, N. M., on the brief), for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and JOHNSON, District Judge.

PHILLIPS, Circuit Judge.

Gray, Godbe, Vasconcells and Luckenbach, hereinafter called plaintiffs, brought this action against the City of Santa Fe to recover damages for breach of contract. The trial court sustained a demurrer to the complaint. Plaintiffs elected not to plead further and an order was entered dismissing the action.

Plaintiffs in the first cause of action of their complaint, after setting out the requisite jurisdictional facts, alleged these...

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