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CITY OF WHEELING v. CHESTER

Nos. 7905, 7906.

134 F.2d 759 (1943)

CITY OF WHEELING v. CHESTER et al. (two cases).

Circuit Court of Appeals, Third Circuit.

Decided April 12, 1943.

Rehearing Denied June 4, 1943.

Attorney(s) appearing for the Case

H. F. Stambaugh, of Pittsburgh, Pa., for John N. Chester.

Alexander J. Barron, of Pittsburgh, Pa., for John F. Laboon and others.

Before GOODRICH, Circuit Judge, and SMITH and LEAHY, District Judges.

SMITH, District Judge.

This case is before the court on the appeal (No. 7905) of the defendant John N. Chester, hereinafter referred to as the cross-defendant, and the appeal (No. 7906) of the defendants John F. Laboon, John T. Campbell, D. E. Davis, and Ellis E. Bankson, hereinafter referred to as the cross-plaintiffs, from a judgment entered in the District Court for the Western District of Pennsylvania. A consideration of the ultimate

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