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BATTISTA v. HORTON, MYERS & RAYMOND

No. 8014.

128 F.2d 29 (1942)

BATTISTA v. HORTON, MYERS & RAYMOND.

United States Court of Appeals for the District of Columbia.

Decided May 11, 1942.

Attorney(s) appearing for the Case

Mr. Carl F. Bauersfeld, with whom Mr. Leonard J. Ganse, both of Washington, D. C., was on the brief for appellant.

Messrs. A. M. Goldstein and W. C. Sullivan, both of Washington, D. C., for appellee.

Before GRONER, Chief Justice and EDGERTON and RUTLEDGE, Associate Justices.

GRONER, C. J.

This is an appeal from a summary judgment entered in favor of appellee.

Horton, Myers & Raymond (appellee), hereinafter called Horton, brought an action against Battista (appellant) to recover the balance of the contract price for certain masonry work performed by it on a building erected for the Carmelite Fathers in the District of Columbia.

The facts, shortly stated, are these: In the latter part of 1939, the Carmelite Fathers entered...

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