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PEITZMAN v. CITY OF ILLMO

No. 12696.

141 F.2d 956 (1944)

PEITZMAN et al. v. CITY OF ILLMO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 6, 1944.

Attorney(s) appearing for the Case

Jacob M. Lashly, of St. Louis, Mo. (R. Wallace Karraker, of Jonesboro, Ill., Rush H. Limbaugh, of Cape Girardeau, Mo., and Whitworth Stokes, of Nashville, Tenn., on the brief), for appellants.

J. Grant Frye, of Cape Girardeau, Mo., for appellee.

Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from a judgment in favor of the City of Illmo, which was plaintiff in the trial court. The nature of the cause of action alleged is one of the controversies on this appeal, it being claimed by appellants that the action was on contract, while the appellee contends that it sounded in tort. We shall refer to the parties as they were designated in the trial court.

Plaintiff is a municipal corporation located in Scott...

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