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GRAND TRUNK WESTERN R. CO. v. H. W. NELSON CO.

No. 8552.

116 F.2d 823 (1941)

GRAND TRUNK WESTERN R. CO. v. H. W. NELSON CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

Rehearing Denied March 13, 1941.

Attorney(s) appearing for the Case

Cornelius W. Wickersham, of New York City (Cornelius W. Wickersham, of New York City, John J. Gafill and Frederick V. Slocum, both of Detroit, Mich., and Cornelius W. Wickersham, Jr., and Cadwalader, Wickersham & Taft, all of New York City, on the brief), for appellant.

Wilber M. Brucker, of Detroit, Mich. (Joseph H. Clark, Wilber M. Brucker, Harold J. Waples, and Clark, Klein, Brucker & Waples, all of Detroit, Mich., on the brief), for appellee.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

This is an appeal from a judgment of $871,000 in favor of appellee, pursuant to a jury verdict in an action to recover damages growing out of the construction of a railroad. Appellee declared in three counts: breach of the written contract, breach of a supplemental oral agreement, and fraud.

Originally appellant's motion to dismiss on all counts was sustained and on appeal this court reversed as to counts 2 and 3 and affirmed as to...

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