CITY OF EL PASO v. WEST

No. 8859.

104 F.2d 96 (1939)

CITY OF EL PASO v. WEST et al.

Circuit Court of Appeals, Fifth Circuit.

May 23, 1939.


Attorney(s) appearing for the Case

Frank B. Clayton, City Atty., and Ernest Guinn, Joseph G. Bennis, and Coyne Milstead, all of El Paso, Tex., for appellant.

Eugene R. Smith and Maury Kemp, both of El Paso, Tex., and Robert G. Bosworth, of Denver, Colo., for appellees.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


PER CURIAM.

On the argument of this case the appellees treated their petitions as suits at law in tort for negligence in performing a duty arising out of a contractual relation. The motion for rehearing seeks to avoid the application of the bar of two year limitation by contending that four years is the limitation because the suit is an "action for debt where the indebtedness is evidenced by or founded upon any contract in writing." Revised Civil Stats. Texas, Art...

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