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McCARTHY v. POTTS

No. 36.

99 F.2d 784 (1938)

McCARTHY et al. v. POTTS.

Circuit Court of Appeals, Second Circuit.

November 7, 1938.

Attorney(s) appearing for the Case

Alexander H. Rockmore, of New York City, for plaintiffs-appellants.

Kellogg, Emery & Innes-Brown, of New York City (David Paine, James F. Dwyer, and Harold Kronig, all of New York City, of counsel), for defendant-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an action for money had and received, brought by the Board of Commissioners of the Massapequa Water District of the Town of Oyster Bay, New York, to recover $10,000 and interest from the defendant, Clyde Potts, who had been engaged by the District as an engineer to plan and supervise the construction of a Water Supply and Distribution System. Recovery is sought on the ground that the payment to the defendant was $10,000 more...

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