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THE PRESIDENT ROOSEVELT

No. 84.

116 F.2d 420 (1940)

THE PRESIDENT ROOSEVELT.

Circuit Court of Appeals, Second Circuit.

December 30, 1940.

Attorney(s) appearing for the Case

Crowell & Rouse, of New York City (E. Curtis Rouse, of New York City, of counsel), for appellant.

William C. Chanler, Corp. Counsel, of New York City (George Seagrave Franklin, of New York City, of counsel), for appellee.

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

SWAN, Circuit Judge.

This is a suit upon a contract awarded to the appellant to convert one of the city's coal-burning ferryboats into an oil burner. The libel set forth two causes of action, the first for the unpaid balance of the contract price and the second for $2,763 and interest for extra work ordered by the city. The two causes of action were severed. This appeal relates only to the second, which was dismissed on the ground that the alleged extra work was required...

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