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MATERIAL SERVICE CORP. v. SCHOOL CITY OF HAMMOND

Nos. 7246, 7247.

116 F.2d 98 (1940)

MATERIAL SERVICE CORPORATION v. SCHOOL CITY OF HAMMOND, LAKE COUNTY, IND., et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 20, 1940.

Attorney(s) appearing for the Case

Gerald A. Gillett and Kal Waller, both of Hammond, Ind., for defendants-appellants.

Frederick C. Crumpacker and Edwin H. Friedrich, both of Hammond, Ind., Owen W. Crumpacker, of Whiting, Ind., and Bernard A. Petrie, of Hammond, Ind., for plaintiff-appellee.

Before SPARKS and TREANOR, Circuit Judges, and BRIGGLE, District Judge.

BRIGGLE, District Judge.

In January, 1938, the E. W. Sproul Construction Company, an Illinois corporation, brought two suits in the District Court against the School City of Hammond, Indiana, and its Board of Trustees to recover balances claimed to be due under separate contracts for the erection of two school buildings, for damages and extras occasioned by delays. On October 1, 1938, the Material Service Corporation, an Illinois corporation, stepped into the shoes...

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