CITY OF READING v. RAE

No. 6891.

106 F.2d 458 (1939)

CITY OF READING v. RAE.

Circuit Court of Appeals, Third Circuit.

Writ of Certiorari Denied November 6, 1939.


Attorney(s) appearing for the Case

Robert T. McCracken and Samuel Fessenden, both of Philadelphia, Pa., and Darlington Hoopes, of Reading, Pa., for appellant.

John B. Stevens, of Reading, Pa., Roy G. Bostwick, Kenneth G. Jackson, and Thorp, Bostwick, Reed & Armstrong, all of Pittsburgh, Pa., for appellee.

Before BIGGS and CLARK, Circuit Judges, and DICKINSON, District Judge.


Writ of Certiorari Denied November 6, 1939. See 60 S.Ct. 145, 84 L.Ed. ___.

BIGGS, Circuit Judge.

The appellant, City of Reading, and the appellee, Rae, entered into a written contract upon April 5, 1934 whereby the appellee agreed to construct for the City a water-supply tunnel approximately twenty-eight hundred feet long. About one-sixth of the tunnel was to be constructed by the open cut method; the balance, by actual tunneling operations. The location...

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