NOCE v. EDWARD E. MORGAN CO.

No. 11535.

106 F.2d 746 (1939)

NOCE, U. S. District Engineer, v. EDWARD E. MORGAN CO., Inc.

Circuit Court of Appeals, Eighth Circuit.

October 7, 1939.


Attorney(s) appearing for the Case

Maurice W. Hibschman, Atty., Department of Justice, of Washington, D. C., and Leon B. Catlett, Asst. U. S. Atty., of Little Rock, Ark. (Sam Rorex, U. S. Atty., and Gordon Frierson, Asst. U. S. Atty., both of Little Rock, Ark., on the brief), for appellant.

William M. Hall, of Memphis, Tenn. (Charles A. Walls, of Lonoke, Ark., and William G. Hall, of Memphis, Tenn., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.


SANBORN, Circuit Judge.

This appeal is from a decree permanently enjoining the appellant (defendant), a District Engineer and contracting officer of the United States, (1) from making any charge against the appellee (plaintiff), a Mississippi corporation, (the business of which is mainly doing levee work for the United States under contract) and its surety, upon the theory that the plaintiff had defaulted upon its bid for doing certain levee work; (2) from entering...

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