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AUSTIN-WESTERN ROAD MACH. CO. v. FAYETTE COUNTY, GA.

No. 8689.

99 F.2d 565 (1938)

AUSTIN-WESTERN ROAD MACHINERY CO. v. FAYETTE COUNTY, GA.

Circuit Court of Appeals, Fifth Circuit.

November 8, 1938.

Attorney(s) appearing for the Case

Bruce F. Woodruff and J. Mallory Hunt, both of Atlanta, Ga., for appellant.

Elbert P. Tuttle, of Atlanta, Ga., and R. O. Jones, of Newnan, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The plaintiff-appellant, Austin-Western Road Machinery Company, sued Fayette County, Georgia, for the contract price of certain road machinery, losing the case through a verdict directed for the defendant on the ground that the contract for the machinery created a debt prohibited by the Georgia Constitution, Art. 7, § 7, Par. 1.

The undisputed evidence on that point is that the County on April 5, 1932, the date the contract was...

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