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HIGHWAY CONST. CO. OF OHIO v. CITY OF MIAMI, FLA.

No. 9938.

126 F.2d 777 (1942)

HIGHWAY CONST. CO. OF OHIO, Inc., v. CITY OF MIAMI, FLA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 6, 1942.

Attorney(s) appearing for the Case

Scott M. Loftin, James E. Calkins, Robert H. Anderson, and Paul R. Scott, all of Miami, Fla., for appellant.

Mitchell D. Price, Sidney S. Hoehl, and J. W. Watson, Jr., all of Miami, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

McCORD, Circuit Judge.

The highway Construction Company of Ohio, Inc., brought suit against the City of Miami, Florida, to recover amounts alleged to be due for work performed and materials furnished in and about the construction and improvement of certain streets and sewers of the City. The case was tried to a jury. After a three-months trial, the jury returned a verdict in favor of the defendant on all claims with the exception of one for $23,263.15 which the City...

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