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BROWNELL v. CITY OF ST. PETERSBURG, FLA.

No. 10100.

128 F.2d 721 (1942)

BROWNELL v. CITY OF ST. PETERSBURG, FLA.

Circuit Court of Appeals, Fifth Circuit.

June 2, 1942.

Attorney(s) appearing for the Case

J. Carl Lambdin, of St. Petersburg, Fla., for appellant.

Carroll R. Runyon and Harry I. Young, both of St. Petersburg, Fla., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit was to recover a total sum of $8,304 deposited with defendant on July 25, 1925, $5,708 for the purpose of making extensions to water main, and $2,596 for the purpose of making extensions to gas mains, to be laid in the streets of an addition being laid out by plaintiff, with a covering agreement for their return to plaintiff within in one to three years from that date.

The claim was that though plaintiff had advanced the...

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