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COMMISSIONERS OF SEWERAGE v. DAVIS

Nos. 7411, 7412.

88 F.2d 797 (1937)

COMMISSIONERS OF SEWERAGE OF CITY OF LOUISVILLE, KY., v. DAVIS et al. DAVIS et al. v. COMMISSIONERS OF SEWERAGE OF CITY OF LOUISVILLE, KY.

Circuit Court of Appeals, Sixth Circuit.

March 5, 1937.

Attorney(s) appearing for the Case

Robert S. Marx, of Cincinnati, Ohio, and Rowan Hardin, of Louisville, Ky. (Rowan A. Hardin and Nichols, Morrill, Wood, Marx & Ginter, all of Cincinnati, Ohio, on the brief), for Commissioners of Sewerage.

Robert Lee Blackwell, of Louisville, Ky. (William Marshall Bullitt and Bruce & Bullitt, all of Louisville, Ky., on the brief), for A. A. Davis et al.

Before HICKS and SIMONS, Circuit Judges, and LEDERLE, District Judge.

HICKS, Circuit Judge.

On August 24, 1928, A. A. Davis and E. D. Davis, citizens and residents of Oklahoma City, and copartners doing business as A. A. Davis & Co. (herein called the Company), entered into a contract with the Commissioners of Sewerage of the City of Louisville (hereinafter called the Commission), for the construction of 8,544.54 linear feet of concrete sewer in open trench. The sewer, called the Highland Park-Beechmont Sewer, varied in size at...

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