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FRANKLINVILLE REALTY CO. v. ARNOLD CONSTRUCTION CO.

No. 10455.

132 F.2d 828 (1943)

FRANKLINVILLE REALTY CO. v. ARNOLD CONSTRUCTION CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 12, 1943.

Attorney(s) appearing for the Case

T. J. Blackwell, William H. Walker, Jr., and Herschel E. Smith, all of Miami, Fla., and J. Ambler Williams, of Norristown, Pa., for appellant.

Paul W. Potter, Bert Winters, M. N. Dunn, and W. H. Mizell, all of West Palm Beach, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

When appellant brought this cause here before,1 rulings adverse to it below, except one, were affirmed. That ruling, that the architect's certificates were final and conclusive, was disapproved, and because of it, there was a reversal limited "to the presentation of evidence as to whether or not the labor and services listed in the certificates were actually used on the job and whether or not the materials listed...

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