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UNITED STATES v. CITY OF BROOKHAVEN

No. 10345.

134 F.2d 442 (1943)

UNITED STATES v. CITY OF BROOKHAVEN et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 17, 1943.

Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., David L. Kreeger and Armand B. DuBois, Attys., Department of Justice, both of Washington, D. C., and Toxey Hall, U. S. Atty., of Jackson, Miss., for appellant.

A. A. Cohn and R. L. Jones, both of Brookhaven, Miss., and Vardaman S. Dunn, Fred J. Lotterhos, Cecil F. Travis, and Ross R. Barnett, all of Jackson, Miss., for appellees.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

SIBLEY, Circuit Judge.

The United States sued the City of Brookhaven, Mississippi, and Roland B. Wall, who was its mayor in 1935 and 1936, to recover $40,272, with interest, alleged to have been paid out and disbursed to the City on the faith of a proposal for federal aid under the Emergency Relief Act, which proposal was on Sept. 2, 1935, made by Wall as Mayor of the City and approved by him as Local Director of Works Progress Administration, and contained the statement...

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