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SIX COMPANIES v. JOINT HIGHWAY DIST. NO. 13

No. 9113.

110 F.2d 620 (1940)

SIX COMPANIES OF CALIFORNIA et al. v. JOINT HIGHWAY DIST. NO. 13 OF CALIFORNIA.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 25, 1940.

Attorney(s) appearing for the Case

Paul S. Marrin, Thelen & Marrin, and DeLancey C. Smith, all of San Francisco, Cal., and Eugene E. Trefethen, of Oakland, Cal., for appellant Six Companies.

Jewel Alexander, W. C. Bacon, and Redman, Alexander & Bacon, all of San Francisco, Cal., for appellant Surety Companies.

Archibald B. Tinning, of Martinez, Cal., and T. P. Wittschen, of Oakland, Cal., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Six Companies of California, a Nevada corporation, contracted with Joint Highway District No. 13 of the State of California to construct the Broadway Tunnel, near Oakland. For convenience these parties will be referred to as the Contractor and the District. After part performance the Contractor attempted to rescind and brought suit to recover the reasonable value of materials and labor theretofore furnished, asserting that the District had breached...

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