On Motions for New Trial and Judgment N. O. V. January 11, 1938.
MARIS, District Judge.
This is an action at law by the Gulf Refining Company (hereinafter referred to as the Company), against the City of Philadelphia (hereinafter referred to as the City), to recover the sum of $51,443.42, claimed to have been paid by the plaintiff to the defendant under a mistake of fact. A jury trial was waived by the parties.
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