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WESTERN FOUNDATION COMPANY v. CHARLES E. CANNELL CO.

Nos. 8125, 8126.

111 F.2d 650 (1940)

WESTERN FOUNDATION COMPANY, Appellant, v. CHARLES E. CANNELL CO., Inc., and Ætna Casualty & Surety Company, Appellees. CHARLES E. CANNELL CO., Inc., and Ætna Casualty & Surety Company, Cross-Appellants, v. WESTERN FOUNDATION COMPANY, Cross-Appellee.

Circuit Court of Appeals, Sixth Circuit.

April 9, 1940.

Attorney(s) appearing for the Case

Trabue, Doolan, Helm & Helm, of Louisville, Ky., and William S. Warfield, III, of Chicago, Ill., for Western Foundation Co.

Wilbur Fields, of Louisville, Ky., for Cannell Co., Inc., et al.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

PER CURIAM.

It appearing that in a suit at law begun by the appellee, a contractor, against the appellant, a subcontractor, and its surety, for public work done for the City of Louisville, Kentucky, the court below, after the empanelling of the jury, concluded the case involved an accounting and transferred it to the equity docket; and it further appearing that the claim was to recover over-payment upon the subcontract and that the defendant counterclaimed for balance...

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