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POTTS v. VILLAGE OF HAVERSTRAW

No. 202.

110 F.2d 58 (1940)

POTTS v. VILLAGE OF HAVERSTRAW.

Circuit Court of Appeals, Second Circuit.

February 26, 1940.

Attorney(s) appearing for the Case

Lynch & Cahn, of White Plains, N. Y. (Monroe J. Cahn, of White Plains, N. Y., of counsel), for appellant.

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

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

L. HAND, Circuit Judge.

This action comes to us now upon a third appeal, this time by the defendant from a judgment in favor of the plaintiff on a quantum meruit. On the first appeal (2 Cir., 79 F.2d 102) we held that the contract of July 2, 1928, was invalid, because it had been executed before the resolution of the trustees was passed on September 4, 1928, or had been ratified by referendum of September 20th; but we suggested that...

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