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CITY OF KINGSVILLE, TEX. v. MEREDITH

No. 8985.

103 F.2d 279 (1939)

CITY OF KINGSVILLE, TEX., et al. v. MEREDITH et al.

Circuit Court of Appeals, Fifth Circuit.

April 20, 1939.

Attorney(s) appearing for the Case

E. H. Crenshaw, Jr., and Gus L. Kowalski, both of Kingsville, Tex., and Marcellus G. Eckhardt and L. Hamilton Lowe, both of Corpus Christi, Tex., for appellants.

W. L. Matthews, of San Antonio, Tex., Jas. B. Hubbard, of Corpus Christi, Tex., A. B. Huguenin, of Dallas, Tex., and James G. Martin, of Wichita, Kan., for appellees.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was against the City of Kingsville on warrants issued by it for street paving, and other city improvements. The claim was that validly issued, for full and adequate consideration received, the City was yet neglecting and refusing to pay matured interest and warrants, though it was paying other bonds and warrants.

The defense was (1) that the warrants sued on were invalid, because given in payment for work done under a contract...

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