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MONTROSE CONTRACTING CO. v. WESTCHESTER COUNTY

No. 148.

94 F.2d 580 (1938)

MONTROSE CONTRACTING CO., Inc., v. WESTCHESTER COUNTY.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

William A. Davidson, Co. Atty., of White Plains, N. Y. (Francis J. Morgan, of Yonkers, N. Y., and Frank J. Claydon, of White Plains, N. Y., Deputy Co. Attys., of counsel), for appellant.

Wait, Wilson & Newton, of New York City (Frederick W. Newton and Howard G. Wilson, both of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

MANTON, Circuit Judge.

This appeal is from a judgment entered on a jury's verdict for appellee. The cause was here before and we reversed a judgment for the appellant entered on a directed verdict and ordered a new trial, 2 Cir., 80 F.2d 841, certiorari denied, 298 U.S. 662, 56 S.Ct. 746, 80 L.Ed. 1387.

The theory of appellant's liability, which we held should be retried, was that it had breached its contract with appellee...

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